Kerala High Court
Vijayakumar P vs The New India Assurance Company ... on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
OP (MAC).No.1 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 574/2017 DATED 23-11-2020 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM
PETITIONER:
VIJAYAKUMAR P
AGED 43 YEARS
S/O. P.R.GOPALAN,
RESIDING AT PADINJARETHIL HOSUE,
CHOROTTUR,
MANISSERY P.O.,
VANIYAMKULAM,
OTTAPALAM TALUK,
PALAKKAD DISTRICT,
PIN-679 521.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED
BRANCH OFFICE JRJ COMPLEX, 2ND FLOOR,
MAIN ROAD, OTTAPALAM P.O.,
PALAKKAD-679 101,
REPRESENTED BY ITS BRANCH MANAGER.
SC SRI.A ZIYAD RAHMAN
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 19.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.1 OF 2021
2
JUDGMENT
Dated this the 19th day of January 2021
The petitioner herein suffered an injury in a
motor accident. Claiming compensation for the injury
sustained, he filed O.P(MV)No.574/2017. An award was
passed granting him a total compensation of Rs.
5,78,609/- which was less than the compensation
claimed. Out of it Rs.2,00,000/- was disbursed to
him. Balance amount of Rs. 5,33,082/- was deposited
in Fixed Deposit as ordered by the Court.
2. Claiming that the petitioner had to undergo
treatment and to incur an expense of Rs.1,53,366/-
and to release a portion of the amount in deposit,
I.A No.1486/2020 was filed. It was dismissed by
holding that, the award was passed on 23.07.2020 and
the petition was filed only on 07.09.2020. It was
also found that as per award a sum of Rs.2,00,00/-
was released.
3. There is absolutely no indication that, the
petitioner has not sustained expenses for treatment
OP (MAC).No.1 OF 2021
of Rs.1,53,366/-. Having considered this, as well as
the view taken by the Supreme Court in Padma Vs.
Venugopal [2012(1) KLT 546], the Motor Accidents
Claims Tribunal would have been more pragmatic in
releasing a portion of the above amount in deposit.
This has to be considered in the back ground that,
the petitioner had to undergo long treatment. It
seems that the Tribunal has not considered this
aspect while passing Ext.P2 order.
Accordingly, I am inclined to set aside Ext.P2
order and direct the Court below to pass appropriate
orders, having regard to the facts mentioned above,
an order based on the portion of the amount, if the
Court finds appropriately. Fresh orders shall be
passed on I.A No.1486/2020 as expeditiously as
possible, at any rate, within one month form the date
of production of a copy of this judgment.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
OP (MAC).No.1 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD IN O.P.(MV)
NO.574/2017 ON THE FILE OF THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM, DATED
23.7.2020.
EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A.NO.1486/2020
IN O.P.(MV) NO.574/2017 ON THE FILE OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM
DATED 23.11.2020.
//True Copy// P.A to Judge
