Kerala High Court
Sasidharan vs The New India Assurance Company ... on 21 January, 2021
O.P.(MAC) No.6/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP (MAC).No.6 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 1368/2017 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,TRIVANDRUM
PETITIONER:
SASIDHARAN,
AGED 65 YEARS
SON OF SADASIVAN,
RESIDING AT SUBHASH BHAVAN, MUTHALAKAM, NEDUNGOLOM
P O, PARAVORR-691334.
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENTS:
THE NEW INDIA ASSURANCE COMPANY LIMITED
MOTOR THIRD PARTY,
CLAIMS HUB, GOVERNMENT PRESS ROAD, PULIMOODU,
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SC SRI.A.A ZIYAD RAHMAN
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 21.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(MAC) No.6/2021 2
JUDGMENT
Dated this the 21st day of January 2021
Petitioner herein is the power of attorney holder of the claimant in O.P.
(MV) No.1368/2017 of the Motor Accidents Claims Tribunal,
Thiruvananthapauram. By virtue of the award, the insurance company was
directed to pay a sum of Rs.11,92,780/- with interest in favour of the original
claimant. 2nd respondent was directed to remit the amount in the bank account of
the original claimant. Thereafter, I.A.No.2282/2020 was filed by the petitioner
requesting for releasing the amount so awarded in his name on the ground that
his son, the original claimant, was abroad. That application was dismissed by the
MACT on the ground that, the pass book details of the original claimant was not
produced as directed. It was further held that, the amount cannot be deposited
in the account of the power of attorney holder.
2. When the matter was taken up today, learned standing counsel for the
Insurance Company Sri.Ziyad Rahaman submitted that, if the court directs to
deposit the award amount in the account of the power of attorney holder, they
have no objection in depositing the amount accordingly.
3. It seems that, power of attorney executed by the original claimant in
favour of the father is not in dispute. It has also come on record that the original
claimant is now abroad. He has only an NRE account in India as submitted by
the learned counsel for the petitioner and in that NRE account, the above award
amount cannot be deposited. There is nothing to show that the petitioner has any
interest adverse to the interest of the original claimant.
4. Having evaluated the entire facts, I am inclined to set aside Ext.P4 order
and to allow I.A.No.2282/2020. The award amount due to the claimant shall be
deposited in the account of the petitioner herein in Dhanalakshmi Bank, Court
Complex, Vanchiyoor, Thiruvananthapuram in the name of Sasidharan, who is
the father of the original claimant. He shall furnish the account details to the
second respondent. It is directed that, the entire amount so deposited by the
Insurance company, shall be deposited by the petitioner in Fixed Deposit in the
name of the original claimant immediately after the amount is received.
Intimation shall be given to the MACT regarding the above deposit with details of
the amount in deposit. Further directions, regarding the release of the amount
so deposited, can be issued by the MACT, Thiruvananthapuram.
The O.P.(MAC) is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
dpk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE AWARD PASSED IN
OP (MV0 NO.1368 OF 2017, DATED 22/09/2020.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE POWER OF
ATTORNEY EXECUTED BY SUBHASH S IN FAVOUR OF
THE PETITIONER, DATED 19/10/2020.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE IA NO. 2282 OF
2020 FILED BEFORE THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE ORDER DATED
01.12.2020 IN IA NO.2282 OF 2020 IN OP (MV0
NO.1368 OF 2017 OF THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
