Devaki Amma vs The Divisional Manager
2021 Latest Caselaw 17571 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                         OP (MAC) NO. 80 OF 2021
 AGAINST THE JUDGMENT IN E.P.No.80/2021 IN OP(MV) 672/2017 OF MOTOR
                ACCIDENT CLAIMS TRIBUNAL ,KOLLAM, KOLLAM


PETITIONERS/DECREE HOLDERS 1 TO 3 & 5:

     1       DEVAKI AMMA, AGED 52 YEARS
             W/O.LATE CHANDRASEKHARAN PILLAI @BABU PILLAI,
             UNNIVILASAM, KOCHUPLAMOOD, PADINJATTA MURI,
             KUNNATHOOR VILLAGE, KOLLAM - 690 540.

     2       ARYA SEKHAR, AGED 26 YEARS
             D/O.LATE CHANDRASEKHARAN PILLAI @ BABU PILLAI,
             NJARAKKATTU PUTHEN VEEDU, MYNAGAPPALLY SOUTH MURI,
             MYNAGAPPALLY VILLAGE, MYNAGAPPALLY P.O., KUNNATHOOR,
             KOLLAM -690519, FROM UNNIVILASAM, KOCHUPLAMMOOD,
             PADINJATTAMURI, KUNNATHOOR VILLAGE, KOLLAM - 690 540.

     3       ATHIRA SEKHAR, AGED 23 YEARS
             D/O.LATE CHANDRA SEKHARAN PILLAI @ BABU PILLAI, UNNI
             VILASAM, KOCHUPLAMOOD, PADINJATTAMURI, KUNNATHOOR
             VILLAGE, KOLLAM - 690 540.

     4       MEENAKSHI AMMA, M/O.LATE CHANDRASEKHARAN PILLAI @ BABU
             PILLAI, MADATHIL PADINJATTATHIL, AMBALATHUMBHAGAM,
             PORUVAZHY, KUNNATHOOR, KOLLAM - 690 540.

             BY ADVS.
             PRATHEESH.P
             ANJANA KANNATH


RESPONDENT/JUDGMENT DEBTOR:

             THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., III
             PARTY CLAIM HUB, ST.MARYS VILLA, ULLOOR MEDICAL COLLEGE
             P.O., THIRUVANANTHAPURAM - 695 011.
 OP(MAC)80/21
                                           2

            BY SC - SMT.K.S SANTHI


     THIS      OP   (MAC)   HAVING    COME     UP   FOR   ADMISSION   ON
26.08.2021,     THE   COURT   ON     THE   SAME     DAY   DELIVERED   THE
FOLLOWING:
 OP(MAC)80/21
                                            3



                               JUDGMENT

The petitioners have approached this Court

seeking that the respondent-Insurance Company be

directed to deposit amounts due to them under

Ext.P1 Award.

2. In response, the learned Standing Counsel

for the respondent Insurance Company-

Smt.K.S.Santhi, submitted that this Original

Petition is premature and not maintainable because

Ext.P2 Execution Petition has already been

preferred by the petitioners and is next posted to

05.10.2021. She submitted that, therefore, the

petitioners must approach the Tribunal for orders,

rather than have filed this Original Petition.

3. I find substantial force in the

submissions of the learned Standing Counsel; but

since the Tribunal has listed the matter to

05.10.2021 and since the petitioners say that they

are in urgent need of money for sustenance, I am OP(MAC)80/21

of the view that they must be given an opportunity

to move the said Tribunal to have the hearing in

the Execution Petition advanced, so that the

Tribunal can then issue orders with respect to the

deposit of sums under the Award.

Resultantly, this Original Petition is

ordered, leaving liberty to the petitioners to

move the Tribunal appropriately for having the

Execution Petition advanced to a nearer date; with

a concomitant direction to the said Tribunal to

consider the plea of the petitioners for deposit

of amounts under Ext.P1 without any avoidable

delay.

Needless to say, in case the Tribunal finds

it difficult to advance hearing of the Execution

Petition from 05.10.2021, then the request of

petitioners for deposit shall be considered on

that day itself, after following due procedure.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                   JUDGE
 OP(MAC)80/21


               APPENDIX OF OP (MAC) 80/2021

PETITIONER EXHIBITS

Exhibit P1            THE COPY OF THE AWARD PASSED BY THE

TRIBUNAL IN OP(MV) NO.672/2017 DATED 27/05/2020.

Exhibit P2 THE COPY OF THE E.P.NO.80/2021 DATED 9/3/2021 FILED BEFORE THE MACT, KOLLAM.