Partly allowed

Noorjahan v. Basheer

Kerala HC14 Jul 2016OP (MAC)/74/2016

Case brief

AI extract

What is this about?

The High Court set aside a non-speaking order of the Motor Accidents Claims Tribunal which dismissed an application to release funds deposited in a bank from a compensation award. The Court directed the Tribunal to reconsider the application and pass a reasoned order within one month.

What did the court decide?

Setting aside the impugned order; directing the Tribunal to consider the application and pass a reasoned order within one month.

Noorjahan Vs Basheer — Execution and Attachment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938

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OP (MAC).No. 74 of 2016 (O) ---------------------------OPMV 12/2013 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR -----------PETITIONER(S)/2ND PETITIONER : ---------------------------NOORJAHAN, AGED 42 YEARS, D/O.KUNHI MOIDEEN, RESIDING AT ERANHOLIL HOUSE, VALANCHERY PO, KOTTARAM, MALAPPURAM DISTRICT, PIN-676 552.

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BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

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RESPONDENT(S)/RESPONDENTS:

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1. BASHEER, S/O. SHAJAHAN, ANTHOORAVALAPPIL (HOUSE), EDAPPAL POST, MALAPPURAM DISTRICT, PIN-679 576.

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2. SHAREEF KHAN, S/O.SHAHJAHAN, ANTHOORAVALAPPIL (HOUSE), EDAPPAL POST, MALAPPURAM DISTRICT, PIN-679 576.

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3. DAYANANDHAN, S/O.VELAYUDHAN, EDATHARA (H), THANIPPADAM, CHUVANNAMANU PO, THRISSUR DISTRICT, PIN-680 652.

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4. SHAHJAHAN, S/O.VELAYUDHAN, THANIPPADAM, CHUVANNAMANNU PO, THRISSUR DISTRICT, PIN-680 652.

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5. THE UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, TRICHUR TRADE CENTER, KURUPPAM ROAD, TRISSUR, PIN:673 001.

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BY SRI.JOHN JOSEPH VETTIKAD

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 14-07-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 74 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: THE TRUE COPY OF THE AWARD PASSED IN OP(MV) NO.12 OF 2013 BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR DATED 28.03.2014 EXHIBIT-P2: THE TRUE COPY OF THE APPLICATION FILED BEFORE THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR DATED 10.09.2015 EXHIBIT-P3 THE CERTIFIED COPY OF THE ORDER PASSED IN I.ANO.3686 OF 2015 BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR DATED 29.09.2015 RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J

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O.P.(MAC)NO.74 OF 2016

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Dated this the 14^th day of July, 2016

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J U D G M E N T

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Petitioner herein is the second claimant in OP(MV)No.12/2013 on the files of the Motor Accidents Claims Tribunal, Tirur. Tribunal passed an order granting a total compensation of Rs.4,84,500/(Rupees Four lakhs eighty four thousand five hundred only) to the claimants together. Out of the total amount awarded, an amount of Rs.2,50,000/(Rupees two lakhs fifty thousand only) was directed to be invested in the name of the petitioner in a Nationalised bank for five years and accordingly the said amount was deposited in Vijaya bank, Tirur branch for five years. Petitioner filed IA.No.1621/2015 seeking to release the amount deposited as she required money for repairing the house, in order to make it for her residence.

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O.P.(MAC)NO.74 OF 2016 2

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Accordingly, the Tribunal pass an order releasing an amount of Rs.2,00,0000/- (Rupees two lakhs only).

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However, subsequent to the same petitioner has filed Ext.P2 application, seeking to release the balance amount of Rs.50,000/- (Rupees fifty thousand only) along with the accrued interest. The same was dismissed by the Tribunal as per impugned Ext.P3 order dated 29.09.2015 holding that an amount of Rs.2,00,000/- (Rupees two lakhs only) was released to the petitioner and hence the petition is dismissed. It is in this background this Original Petition is filed by the petitioner before this court under Article 227 of Constitution of India.

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Heard learned counsel for the petitioner and learned counsel appearing for the fifth respondent Insurance Company. Notice to respondents 1 to 4 are dispensed with in view of the limited nature of order I propose to pass.

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Learned counsel for the petitioner reiterated the contentions raised in the writ petition. On a

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O.P.(MAC)NO.74 OF 2016 3

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perusal of Ext.P3 order, I am satisfied that the same is a non speaking order passed by the Tribunal without assigning any reason. Merely because, an amount of Rs.2,00,000/- (Rupees two lakhs only) was released in an earlier application is not a sufficient ground to non suit the petitioner. If the petitioner is in requirement of money genuinely and has produced sufficient proof before the Tribunal, the Tribunal is bound to look into the matter and take a decision on the same and pass an order assigning reasons, if the Tribunal proposes to dismiss the petition. The same having not done, I am of the considered opinion that the Tribunal has not exercised the jurisdiction conferred on it legally. Therefore, Ext.P3 is set aside and consequently the Tribunal is directed to consider Ext.P2 application in accordance with law and pass orders thereon taking into account any documents produced by the petitioner to substantiate the claim put forth by her in the petition. However a decision shall be taken within one month from the date of receipt of a copy of this

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O.P.(MAC)NO.74 OF 2016

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judgment.

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Original Petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Noorjahan v. Basheer

Case brief

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Noorjahan v. Basheer

Case brief

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