Kerala High Court
Suresh P.S vs Joseph Joseph on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
OP (MAC).No.3 OF 2021
(IN EP.NO.18/2020 OF OP(MV)NO.986/2016 ON THE FILES OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, PALA)
PETITIONER/CLAIMANT:
SURESH P.S.
AGED 33 YEARS
S/O. SURENDRAN, ALEPADINJARETHIL HOUSE,
KUTTIKKAYAM BHAGAM, MOOZHIKKAL KARA,
KLAPPARA VILLAGE, KORUTHODU P.O.,-686 513
BY ADVS.
SRI.S.PRASANTH
SRI.K.ARJUN VENUGOPAL
SHRI.ASWIN KUMAR M J
SMT.HELEN P.A.
SHRI.ARUN ROY
SRI.SHAHIR SHOWKATH ALI
RESPONDENTS/RESPONDENTS:
1 JOSEPH JOSEPH, AGED 63 YEARS,
S/O. JOSEPH, NADUVILADATHU HOUSE, KANAMALA P.O.,
EZHUKUMANN, KANAMALA KARA,
PATHANAMTHITTA DISTRCT, ERUMELY THEKKU VILLAGE,
PIN-686 510
2 THE MANAGER,
ICIC LOMBARD GENERAL INSURANCE CO.LTD.,
3RD FLOOR, KANNANKERI ESTATE, MARINE DRIVE,
SHANMUHAN ROAD, COCHIN-695 031
R2 BY ADV. SRI.R.AJITH KUMAR
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.3 OF 2021
2
JUDGMENT
The Original Petition is filed by the claimant in
OP(MV)No.986/2016 on the file of MACT, Pala for a
direction to the second respondent to remit the amount
due and also for a direction to MACT, Pala to proceed
with EP.No.18/2020 in OP(MV)No.986/2020. It seems
that pending the proceedings, the award amount has
been deposited by way of Cheque No.658907 and
Cheque No.658808 drawn on ICICI bank for an
amount of Rs.51,41,687/- (Rupees fifty one lakhs forty
one thousand six hundred and eighty seven only) and
Rs.99,373/- (Rupees ninety nine thousand three
hundred and seventy three only) In the light of the
above, the grievance of the petitioner seems to be
redressed.
2. However, the petitioner has today filed
IA.No.1 of 2021 for a direction to the MACT, Pala, to
accept the cheques on a premise that the MACT is
OP (MAC).No.3 OF 2021
insisting for account transfer. The learned counsel
invited my attention to the award, wherein the MACT,
Pala has specifically directed for deposit of chequs. If
that be so, I find no reason as to why the MACT has
declined accepting of the cheques, as submitted. In
the light of the above, IA.No.1/2021 will stand allowed
directing the MACT, Pala to accept the cheques
tendered by the third respondent, if the cheques are
otherwise in order and there is no other procedural or
legal embargo in accepting deposit by way of cheques.
OP(MAC) is disposed of accordingly.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
OP (MAC).No.3 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CLAIM PETITION IN
OP(MV) NO.986/2016
EXHIBIT P2 TRUE COPY OF THE AWARD IN OP(MV)
NO.986/2016 DATED 16.07.2019
EXHIBIT P3 TRUE COPY OF THE E.P.NO.18/2020 IN
OP(MV) NO.986/2016 DATED 15.02.2020
RESPONDENT'S/S EXHIBITS NIL
