Petitioner sought deposit of motor accident award amount which the insurer failed to remit. Insurer showed an appeal filed with interim order requiring 50% remittance. Court held petition not maintainable.
Original petition dismissed subject to liberty to contest the appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938
OP (MAC).No. 65 of 2016 (O)
OPMV. NO.1638/2011 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR.
PETITIONER(S):
KARIM KHAN A., S/O. ABDULLA KHAN, 4/102, MEKKACHI VALAPPIL PATTANI HOUSE, KALATHODE, OLLUKKARA P.O, THRISSUR DISTRICT-680 655.
BY ADV. SRI.P.V.CHANDRA MOHAN.
RESPONDENT(S):
THE NEW INDIA ASSURANCE CO. LTD. PERUNDURAI B.O, V.R.V. COMPLEX, 1ST FLOOR, BHAVANI, MAIN ROAD, PERUNDURAI, TAMIL NADU- 638 052.
BY SRI.MATHEWS JACOB, SENIOR ADVOCATE. ADVS. SRI.P.JACOB MATHEW, SMT.PREETHY R. NAIR, SRI.A.A.ZIYAD RAHMAN.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 03-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
OP (MAC).No. 65 of 2016 (O)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1. COPY OF THE AWARD DATED 31.10.2015 OF THE MACT, THRISSUR IN OPMV NO.1638/2011.
EXHIBIT P2. COPY OF EP. NO.62/2016 IN OPMV. NO.1638/2011 FILED BY THE PETITIONER.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
O.P.(MAC)No. 65 of 2016
----------------------------------------
Dated this the 3rd day of August, 2016
JUDGMENT
This original petition is filed by the petitioner, who has secured an award in OM (MV) 1638/2011 on the files of the Motor Accidents Claims Tribunal, Thrissur, complaining that amount under award is not deposited by the first respondent
so far. Today, when the matter is taken up for hearing, learned counsel for the first respondent has submitted that, first respondent has preferred an appeal against the award of the Tribunal and the same is admitted by this Court in MACA No.1980/2016 and secured an interim order thereunder on condition that, the first respondent remits 50% of the amount awarded. In that view of the development I do not think that the relief sought for in the original petition is maintainable any further. Accordingly, original petition is dismissed subject to the liberty to the petitioner to contest the proceedings in appeal.
SHAJI P. CHALY, JUDGE
dlk/3/8/
1 issue framed by the court
Whether an original petition for deposit of award amount is maintainable when the insurer has secured an interim order in an appeal remitting 50% of the award.
Karim Khan A.
The New India Assurance Co. Ltd.
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
