Allowed

Hendry v. New India Assurance Co. Ltd.

Kerala HC9 Jan 2024OP (MAC)/36/2020

Case brief

AI extract

What is this about?

In an order dated 09.01.2024, the High Court of Kerala allowed the petitioner, judgment debtor in a Motor Accident Claims petition, to discharge the liability in five equal monthly instalments. The court explicitly prohibited any further extension of time.

What did the court decide?

Permission granted to pay the present liability in five equal monthly instalments, with a declaration that no further extension of time will be allowed.

Hendry Vs New India Assurance Co. Ltd. — Consumer Protection | Kerala HC (2024)

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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 GOPINATH P. TUESDAY, THE 9^TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945

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OP (MAC) NO. 36 OF 2020

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IN EP NO.122/2019 IN OP(MV) NO.28/2012 OF MOTOR

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ACCIDENT CLAIMS TRIBUNAL, THRISSUR

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PETITIONER/JUDGMENT DEBTOR:

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HENDRY

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AGED 53 YEARS, S/O. ANTHONY,
KADANGOTTU HOUSE, KATTUNGACHIRA DESOM,
IRINJALAKUDA P O, THRISSUR DISTRICT, PIN-680 121.

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BY ADVS.

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 LINDONS C.DAVIS
 E.U.DHANYA

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RESPONDENT/DECREE HOLDER:

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NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE, THRISSUR, PIN-680 001,
REPRESENTED BY THE DIVISIONAL MANAGER.

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BY ADV SRI.A.C.DEVY

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.01.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(MAC) No.36/2020

-:2:-

J U D G M E N T

Petitioner is the judgment debtor in E.P.No.122 of 2019 in OP (MV) No.28 of 2012 on the file of the Motor Accident Claims Tribunal, Thrissur. This original petition was filed seeking appropriate directions from this Court permitting the petitioner to pay off the amount claimed in the Execution Petition in 20 instalments. This original petition was filed on 19-03-2020. Nearly 45 months have passed since the filing of the original petition.

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Therefore no further relief can be granted to the petitioner in this original petition. However, considering the plea of the learned counsel appearing for the petitioner and after having heard the learned counsel for the respondent, the petitioner is permitted to pay off the present liability in five (05) equal monthly instalments, The first of which shall be paid on or before 31-01-2024. Subsequent instalments shall be paid on or before the last working day of the succeeding months. It is made clear

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O.P.(MAC) No.36/2020

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-:3:-

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that no further extension of time will be granted to the petitioner under any circumstances. Any amount paid by the petitioner in terms of the interim order passed by this Court shall be given credit to.

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Sd/GOPINATH P. JUDGE

ats

O.P.(MAC) No.36/2020

-:4:-

APPENDIX OF OP (MAC) 36/2020

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PETITIONER’S EXHIBITS

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EXHIBIT P1TRUE COPY OF THE PETITION NUMBERED EP
NO.122/2019 IN OP(MV) NO.28/2012 FILED BEFORE
MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR.

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EXHIBIT P2TRUE COPY OF THE ORDER DATED 15.11.2019 IN EP
NO.122/2019 IN OP(MV)NO.28/2012 OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, THRISSUR.

Hendry v. New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Hendry v. New India Assurance Co. Ltd.

Case brief

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What did the court decide?

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