IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
OP (MAC).No.99 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPMV 1090/2016 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, IRINJALAKUDA
PETITIONER/PETITIONER/DECREE HOLDER:
SALMATH IBRAHIM
AGED 53 YEARS
W/O.IBRAHIM, PARANKIYIL HOUSE, EDAKKAZHIYUR DESOM,
CHAVAKKAD VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT 680 651
BY ADVS.
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT/3RD RESPONDENT/JUDGMENT DEBTOR:
UNITED INDIA INSURANCE CO. LTD
BANK OF BARODA BUILDING, ANAVATHIL, ERNAKULAM
DISTRICT 682 002
BY ADV. P.K.MANOJ KUMAR
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 04.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.99 OF 2020 2
JUDGMENT
The petitioner herein is the claimant in O.P.(M.V.) No.1090 of 2016 on the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. By Ext.P1 award dated 7.1.2020, the respondents 1 and 2 have been held jointly and severally liable to pay compensation of Rs.23,54,950/- with interest at the rate of 8% p.a. from the date of petition till its realization. His grievance is regarding the non-compliance of the award by the Insurance Company. Though an execution petition has been preferred, the matter is being adjourned with no end in sight. It is in the above backdrop that the petitioner is before this Court seeking directions to expedite the proceedings.
2. Sri.P.K.Manoj Kumar, the learned Standing Counsel appearing for the respondent submitted that they have preferred M.A.C.A.No.3027 of 2020 before this Court and the execution of the award has stayed on condition that the respondent deposits a sum of Rs.12,00,000/- within a period of six weeks before the Tribunal. It is further submitted that the Tribunal has also been directed to release the amount to the claimant as and when the amount is deposited. However, he states that the respondent has preferred a petition seeking to review the said order and the same is pending.
3. I have considered the submissions advanced. It appears that OP (MAC).No.99 OF 2020 3 this Court had granted a stay of proceedings on condition of deposit of a sum of Rs.12 lakhs.
In that view of the matter, it is for the petitioner to approach the Tribunal and if an application is filed, the amount deposited shall be released. However, the release of the amount shall be subject to the condition that no interdictory orders are passed by this Court on the application said to have been filed by the respondent.
This Original Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP OP (MAC).No.99 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD DATED 7.1.2020 IN OP(MV) NO.1090/2016 OF IRINJALAKUDA MACT EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION (EP NO.7/2020) FILED BEFORE THE MACT, IRINJALAKUDA RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE