Allowed

Satheesh v. Cholamandalam General Insurance Company

Kerala HC28 Jul 2016OP (MAC)/81/2016

Case brief

AI extract

What is this about?

Petitioner sought early release of a lump sum deposited by the tribunal after an award was passed. Court directed the tribunal to release the entire balance along with applicable bank interest within three weeks.

What did the court decide?

Direction to the Motor Accidents Claims Tribunal, Ottapalam to release the entire deposited amount with bank interest to the petitioner within three weeks.

Satheesh Vs Cholamandalam General Insurance Company — Motor Accident Claims | 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 28TH DAY OF JULY 2016/6TH SRAVANA, 1938

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OP (MAC).No. 81 of 2016 (O)

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---------------------------OP(MV).NO. 757/2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM)

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PETITIONER :

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SATHEESH, AGED 30 YEARS, KALLAMCHOLAYIL HOUSE, ARUN NIVAS, SIVANKUNNU, MANNARKKAD, PALAKKAD.

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BY ADVS.SRI.C.M.KAMMAPPU SRI.MANSOOR.B.H.

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RESPONDENT :

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CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE NAMAKKAL, TAMILNADU.

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BY SRI.P.JACOB MATHEW

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

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sts

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OP (MAC).No. 81 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE AWARD DATED 27.1.2014 IN OP(MV).NO. 757/2010 OF MACT OTTAPALAM EXHIBIT P2 COPY OF THE IA.NO.4140/2015 IN OP(MV) NO.757/2010 OF MACT OTTAPALAM

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EXHIBIT P3 DOCKET COPY OF THE PROCEEDINGS IN IA NO.4140/2015 IN OP(MV) NO.757/2010 OF MACT OTTAPALAM.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

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O.P.(MAC) No.81 of 2016

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Dated this the 28^th day of July, 2016

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JUDGMENT

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This Original Petition is filed by the petitioner seeking early disbursement of the amount deposited as per the directions contained in Ext.P1 award in OP(MV) No.757/2010 of Motor Accidents Claims Tribunal, Ottapalam (hereinafter called 'the Tribunal').

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Brief facts for the disposal are thus; petitioner is the claimant in the aforesaid claim petition. Ext.P1 award was passed directing respondents 1 to 3 to pay an amount of Rs.7,02,200/- along with 9% interest to the petitioner. As provided under the award, an amount of Rs.1,50,000/- was released to the petitioner and the balance amount was directed to be deposited in a nationalised bank in fixed deposit up to 26.04.2017. However, petitioner filed Ext.P2 application seeking release of the entire balance amount. But the Tribunal has released only an amount of Rs.2,00,000/- and it is thus aggrieved by the non-release of the entire amount, petitioner has filed this

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O.P.(MAC) No.81 of 2016

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original petition.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

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Taking into account the fact situations and the circumstances and also the fact that the amount was lying in deposit for more than three years and petitioner sought release of the same for starting a business to secure a livelihood, I think it is only appropriate that a direction is issued to the Tribunal to release the entire amount to the petitioner with up to date interest in accordance with the terms of the bank with respect to interest.

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Therefore, there will be a direction to the Motor Accidents Claims Tribunal, Ottapalam to release to the petitioner entire amount lying in deposit with the bank in connection with the award in OP(MV) No.757/2010 within three weeks from the date of receipt of a copy of this 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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smv 28.07.2016

Satheesh v. Cholamandalam General Insurance Company

Case brief

What is this about?

What did the court decide?

Satheesh v. Cholamandalam General Insurance Company

Case brief

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What did the court decide?

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