High Court of Kerala dismissed the motor accident appeal of the insurance company as withdrawn, clarifying respondents may seek full compensation from the Tribunal.
Appeal dismissed as withdrawn; leave granted to respondents to move Tribunal for full amount.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
MACA NO. 49 OF 2012
AGAINST THE AWARD IN OPMV 2480/2003 DATED 02.08.2011 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL , THRISSUR
APPELLANT/5TH RESPONDENT:
THE ORIENTAL INSURANCE COMPANY LTD THRISSUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT/CLAIMANT/RESPONDENTS 1 & 2:
1 MIJOHN E.VARAPPAN S/O.VARAPPAN, ELUVAHINGAL HOUSE, NELLIKUNNU KURA, SOORAJ NAGAR, NELLIKUNNU P.O., EAST FORT, THRISSUR, PIN-680005.
2 R.C.CHANDRAN KUMPLAMPADY HOUSE, PANNIYAMKARA, PALAKKAD DISTRICT-678683.
3 JOBY M.J. MANNATH HOUSE, VAZHUKKUMPARA, THRISSUR DISTRICT, PIN- 680652.
BY ADVS. SMT.ANUROOPA JAYADEVAN SRI.C.HARIKUMAR SRI.VIPIN VARGHESE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 49 Of 2012 2
Dated this the 1st day of September, 2021
JUDGMENT
The learned counsel appearing for the appellant submits that the appeal may be dismissed as withdrawn as stated in the memo dated 24.08.2021.
the appellant to deposit 50% of the compensation amount within six weeks. Thereafter, by order dated 24.07.2012, the respondents were permitted to withdraw the said amount.
The learned counsel appearing for the respondents submits that he has no objection in the appeal being dismissed as withdrawn.
In the said circumstances, the appeal is dismissed as withdrawn, but making it clear that the respondents would be at liberty to move the Tribunal for realising the entire amount due as per the impugned award.
Sd/-
C.S.DIAS, JUDGE
rmm
THE ORIENTAL INSURANCE COMPANY LTD
MIJOHN E.VARAPPAN
R.C.CHANDRAN
JOBY M.J.
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
