Aboobacker P vs New India Assurance Co. Ltd
2021 Latest Caselaw 3294 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.26910 OF 2020(K)


PETITIONER:

               ABOOBACKER P.
               AGED 40 YEARS
               S/O. UNNEEN,
               PAZHAMPADATH HOUSE,
               ERANTHODE,
               VALAMBUR P.O.,
               MALAPPURAM DISTRICT
               PIN-679325.

               BY ADVS.
               SRI.P.CHANDRASEKHAR
               SRI.K.K.MOHAMED RAVUF
               SMT.K.VIDYA
               SHRI.SATHEESH V.T.

RESPONDENTS:

      1        NEW INDIA ASSURANCE CO. LTD.,
               REPRESENTED BY MANAGER,
               EAST-COAST CHAMBERS,
               FIRST FLOOR,
               G.N. CHETTY ROAD,
               T. NAGAR P.O.,
               CHENNAI,
               TAMIL NADU-600017.


      2        THE REGIONAL MANAGER,
               NEW INDIA ASSURANCE CO. LIMITED,
               REGIONAL OFFICE, 36/707,
               KANDAMKULATHY TOWERS,
               MAHATMA GANDHI ROAD,
               OPP. MAHARAJAS COLLEGE GROUND,
               COCHIN-682011.

               R1 BY ADV. SRI.VPK.PANICKER .SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26910 OF 2020

                                   2




                             JUDGMENT

Dated this the 29th day of January 2021

The grievance of the petitioner, who is

the appellant in MACA No.447/2011 before this

Court is that, the amount due to the petitioner

as the enhanced compensation on the amount

awarded by the Motor Accident Claims Tribunal,

Manjeri has not been remitted. The petitioner

prayed for a direction to the Insurance Company

and to remit the entire award amount Pursuant to

Ext.P1.

When the matter was taken up, Adv.V.P.K

Panicker, learned Standing Counsel for the New

India Assurance Company submitted that,

substantial part of the amount was deposited on

09.12.2020 and the remaining balance deposited

on 08.01.2021. Accordingly, the entire amount

has been remitted.

WP(C).No.26910 OF 2020

Having considered this, I am inclined to

dispose of the writ petition itself, recording

the above submission. The writ petition is

disposed of.

Sd/-

SUNIL THOMAS JUDGE

Jms //True Copy// P.A to Judge WP(C).No.26910 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 03/12/2019 IN MACA NO.447/2011 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF REGISTERED LETTER DATED 21/08/2020 OF THE COUNSEL FOR THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 22/08/2020 OF THE 1ST RESPONDENT.

//True Copy// P.A to Judge