On a revision application against the Motor Accident Claims Tribunal's order limiting the petitioner's withdrawal from a fixed deposit, the court modified the order to permit an increased withdrawal amount.
Petitioner permitted to withdraw Rs. 25,000/- instead of Rs. 10,000/- from the balance compensation amount kept in fixed deposit.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937
OP (MAC).No. 21 of 2016 (O)
I.A. NO. 3945/2015 IN O.P.(MV). NO. 651/2013 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR
PETITIONER/PETITIONER/PETITIONER :
KRISHNADASAN, AGED 30 YEARS S/O.CHANDRAN, NELLIKULANGARA HOUSE, THAVANOOR P.O. PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADVS.SRI.C.M.MOHAMMED IQUABAL SMT.ANJALI G.KRISHNAN
RESPONDENTS/RESPONDENTS/RESPONDENTS::
1. RATHEESH, S/O.VELAYUDHAN, MANKUZHIYIL HOUSE, POST NARIPARAMBU PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679 573.
2. VELAYUDHAN, S/O.KONA, MANKUZHIYIL HOUSE, POST NARIPARAMBU PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679 573.
3. THE NEW INDIA ASSURANCE COMPANY LIMITED., TARIFF BAZAR, OPP.TOWN HALL, POST TIRUR MALAPPURAM DISTRICT, PIN - 676 101.
R3 BY SRI.A.A.ZIYAD RAHMAN, SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No. 21 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S) EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE.
DCS
V. CHITAMBARESH, J
O.P.(MAC). No. 21 OF 2016
Dated this the 19th day of February, 2016
JUDGMENT
Heard the counsel for the petitioner and Sri. A.A. Ziyad Rahman, Standing Counsel for the third respondent insurer. No notice need be issued to the first respondent driver and the second respondent owner in the circumstances.
O.P.(MAC). No. 21 OF 2016 2
kept in fixed deposit in the nationalised bank. Ext. P4 order is modified permitting the petitioner to withdraw a sum of Rs. 25,000/- instead of Rs. 10,000/- from the amount kept in fixed deposit in the nationalised bank.
The original petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
1 issue framed by the court
Whether the petitioner can be allowed to withdraw a higher sum from the compensation kept in fixed deposit.
KRISHNADASAN
RATHEESH
VELAYUDHAN
THE NEW INDIA ASSURANCE COMPANY LIMITED.
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
