The Court ordered the respondent insurer to deposit the finalised award amount in the execution court within two months. This order addresses the claimant's inability to realise the compensation due to delays in execution.
The respondent shall deposit the award amount before the Execution Court within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
OP (MAC) NO. 10 OF 2022
AGAINST THE ORDER/JUDGMENT IN E.P.NO.45/2021 IN OPMV 1836/2016 OF
ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL-II (ADDL.DISTRICT JUDGE-II)
PATHANAMTHITTA
PETITIONER/ PETITIONER/CLAIMANT:
SUSAMMA GEORGE @ SUSAN GEORGE AND ALSO CALLED MANI AGED 67 YEARS W/O.LATE EDWIN T.GEORGE, THUNDUMANNIL HOUSE, THUMPAMON NORTH P.O., ELAVUMTHITTA, MEZHUVELLI VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689 625.
BY ADVS. T.R.HARIKUMAR ADITHYA RAJEEV
RESPONDENT/ RESPONDENT / 3RD RESPONDENT:
NATIONAL INSURANCE CO. LTD. REPRESENTED BY ITS DIVISIONAL MANAGER, PATHANAMTHITTA, PIN - 689 645.
OTHER PRESENT:
SRI. LAL GEORGE STANDING COUNSEL
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (MAC) NO. 10 OF 2022
JUDGMENT
The petitioner is the claimant in O.P
(MV).No.1836 of 2016 of the Additional Motor Accidents Claims Tribunal-II, Pathanamthitta. The claim was made
on the death of the petitioner's son in an accident that occurred on 18/11/2016. The petitioner has approached this Court consequent on the delay in the execution proceedings for realisation of the award amount.
occurred in the year 2016. The claimant is yet to realise the compensation amount. No appeal has been filed challenging the award and it has become final.
In the circumstances it is ordered that, the
award amount shall be deposited by the respondent before the Execution Court, within a period of two
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OP (MAC) NO. 10 OF 2022
months from the date of receipt of a copy of this
judgment.
Sd/-
SATHISH NINAN
JUDGE
rsr
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OP (MAC) NO. 10 OF 2022
APPENDIX OF OP (MAC) 10/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD DATED 16/02/2021 IN OP(MV) NO.1836 OF 2016 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA. Exhibit P2 A TRUE COPY OF THE E.P.NO.45/2021 IN OP(MV) NO.1836 OF 2016 DATED 16/04/2021, FILED BY THE PETITIONER. Exhibit P3 A TRUE COPY OF THE PROCEEDING IN E.P.NO.45/2021 IN OP(MV) NO.1836 OF 2016 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA.
1 issue framed by the court
Whether to direct the respondent to deposit the final award amount in execution proceedings due to delay in realisation.
Susamma George @ Susan George and Mani
National Insurance Co. Ltd.
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
