Allowed

Pullisseri Mohsina v. Shahjahan K.M.

Kerala HC28 Jul 2016OP (MAC)/69/2016

Case brief

AI extract

What is this about?

Single judge of the High Court of Kerala allowed a writ petition challenging the refusal of the Motor Accidents Claims Tribunal to release the balance compensation amount. The court directed the Tribunal to release the pending sum with interest within a specific period due to petitioner's financial constraints.

What did the court decide?

Direction to the Motor Accidents Claims Tribunal, Tirur to release the balance amount of Rs.46,077/- along with up to date interest within three weeks of receipt of the judgment copy.

Pullisseri Mohsina Vs Shahjahan K.M. — Motor Accident Claims | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938

¶5

OP (MAC).No. 69 of 2016 (O)

¶6

---------------------------(I.A.NO.537/2015 IN OP(MV).NO. 64/2011 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR)

¶7

PETITIONER/APPLICANT :

¶8

PULLISSERI MOHSINA, AGED 23 YEARS, D/O PULLISSERI ASSAIN, RESIDING AT PULLISSERI HOUSE, POOCHOLAMAD, KANNAMANGALAM (POST), VENGARA, MALAPPURAM DISTRICT.

¶9

BY ADVS.SRI.J.R.PREM NAVAZ

¶10

SRI.P.T.SHEEJISH

¶11

RESPONDENT(S)/RESPONDENTS :

¶12

1. SHAHJAHAN K.M., S/O MUSTHAFA K.K, KOORAKKADAN HOUSE, THANDEKKAD, PONJASSERI, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 547.

¶13

2. M.S. SULPHIKAR,

¶14

S/O SIDDIQ, MALEATH HOUSE, THANDEKKAD, PONJASSERI, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 547.

¶15

3. ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD., NO.21, PATTULLUS ROAD, CHENNAI, PIN-600 002 (INSURER).

¶16

R3 BY ADV.SRI.MATHEWS JACOB

¶17

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

sts

¶19

OP (MAC).No. 69 of 2016 (O)

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS

¶22

P1 THE TRUE COPYY OF THE AWARD PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR DATED 11.1.2013.

¶23

P2 THE TRUE COPY OF THE APPLICATION FILED BEFORE THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR DATED 3.2.2016.

¶24

P3 THE CERTIFIED COPY OF THE ORDER PASSED IN I.A.NO.537 OF 2016 BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR DATED 4.3.2016.

¶25

RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

¶31

O.P.(MAC) No. 69 of 2016

¶32

----------------------------------------------Dated this the 28^th day of July, 2016

¶33

JUDGMENT

¶34

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the 3^rd respondent Insurance Company.

¶35

This writ petition is filed by the petitioner challenging Ext.P3 order of the Motor Accidents Claims Tribunal, Tirur in IA No.537/2016 in O.P.(MV) No.64/2011, whereby the Tribunal has refused to release an amount of Rs.46,077/under deposit in terms of Ext.P1 award. Petitioner is the 6^th applicant in the claim petition referred above. As per Ext.P1 award, petitioner was entitled for an amount of Rs.79,950/towards his share being 1/6^th of the total share of the compensation awarded. As per Ext.P1 award, an amount of Rs.25,000/- was released. Thereafter, petitioner filed an application and the Tribunal released an amount of Rs.35,000/-. Petitioner again submitted Ext.P2 application seeking release of the balance amount of Rs.46,077/-, which

¶36

O.P.(MAC) 69/2016

¶37

¶38

was declined by the Tribunal as per Ext.P3 order. It is thus challenging Ext.P3, this original petition is filed.

¶39

Taking into account the rival submissions made across the Bar and perusal of the pleadings and documents on record, I am satisfied that, since an amount of Rs.46,077/only is remaining in the account and since it is contended that there are financial constraints to the petitioner to carry on his day to day affairs, I think it is only appropriate that, the amount is directed to be released. Therefore, there will be a direction to the Motor Accidents Claims Tribunal, Tirur to release the balance amount under deposit in OP(MV) No.64/2011 along with up to date interest within a period of three weeks from the date of receipt of a copy of this judgment.

¶40

Original Petition is disposed of accordingly.

¶41

Sd/- SHAJI P. CHALY JUDGE

¶42

smv 28.07.2016

Pullisseri Mohsina v. Shahjahan K.M.

Case brief

What is this about?

What did the court decide?

Pullisseri Mohsina v. Shahjahan K.M.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A.Rajappan Vs Secretary to Govt.

Latha Vs the Manager

A.K.Sasidharan Nair Vs State of Kerala

M.K.Jayasree @ Jaya Vs the Branch Manager,U/S.United India Insurance Company Ltd.

Satheesh Vs Cholamandalam General Insurance Company

Shyam Mohan Vs the Regional Transport Authority