Dismissed

Subhadra v. Iffco Tokio General Insurance Company Ltd.

Kerala HC7 Nov 2023OP (MAC)/136/2023

Case brief

AI extract

What is this about?

This writ petition challenged the Motor Accidents Claims Tribunal's order refusing premature withdrawal of an award. The High Court found no error by the Tribunal and dismissed the petition as lacking merit since the fixed deposit matured in February 2024.

What did the court decide?

Writ petition dismissed as the Tribunal found no convincing reason for premature withdrawal of the fixed deposit maturing in 2024.

Subhadra Vs Iffco Tokio General Insurance Company Ltd. — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

¶5

OP (MAC) NO. 136 OF 2023

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AGAINST THE ORDER/JUDGMENT OPMV 725/2016 OF MOTOR ACCIDENT CLAIMS

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TRIBUNAL TIRUR

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PETITIONER:

¶9

SUBHADRA
AGED 60 YEARS
W/O APPU,PANDACHAMVEETTIL HOUSE,PANTHARANGADI P.O,
MALAPPURAM DT., PIN – 676 306.

¶10

BY ADVS.
SMT.PRAJISHA M.
N.V.P.RAFEEQUE

¶11

RESPONDENT:

¶12

IFFCO TOKIO GENERAL INSURANCE COMPANY LTD
REP BY DIVISIONAL MANAGER,2ND FLOOR,AL-RAHBA
ARCADE,PUSHPA JUNCTION,KALLAI ROAD KOZHIKODE DT,
PIN – 673 002.

¶13

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.11.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC) NO. 136 OF 2023

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¶16

DINESH KUMAR SINGH, J.

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--------------------------------------------

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OP (MAC) NO. 136 OF 2023

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--------------------------------------------

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Dated this the 7^th day of November, 2023

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J U D G M E N T

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The present writ petition has been filed

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seeking following reliefs:-

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“i) Direct the learned Motor Accidents Claims Tribunal, Tirur to release amount in fixed deposit to the petitioner/Appellant.

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ii) Issue such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

¶26

The Tribunal by the order dated 01.03.2023, has refused for premature withdrawal

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of the money kept in the Fixed Deposit in pursuance to the Order passed by the Motor Accident Claims Tribunal, Tirur in OP (MV) No.

¶28

OP (MAC) NO. 136 OF 2023

¶29

¶30

725 of 2016. The FD would get mature only on 04.02.2024 and therefore, the Tribunal did not find any convincing reason to allow the petitioner to withdraw the premature FD amount.

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I find no error committed by the learned Tribunal in rejecting the application for premature withdrawal of the FD amount and thus this writ petition lacks merit and substance which is hereby dismissed.

¶32

Sd/DINESH KUMAR SINGH JUDGE

¶33

rpr

Subhadra v. Iffco Tokio General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Subhadra v. Iffco Tokio General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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