Salmath Ibrahim vs United India Insurance Co. Ltd
2021 Latest Caselaw 84 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      OP (MAC).No.99 OF 2020

  AGAINST THE ORDER/JUDGMENT IN OPMV 1090/2016 OF MOTOR ACCIDENT
                  CLAIMS TRIBUNAL, IRINJALAKUDA


PETITIONER/PETITIONER/DECREE HOLDER:

             SALMATH IBRAHIM
             AGED 53 YEARS
             W/O.IBRAHIM, PARANKIYIL HOUSE, EDAKKAZHIYUR DESOM,
             CHAVAKKAD VILLAGE, CHAVAKKAD TALUK,
             THRISSUR DISTRICT 680 651

             BY ADVS.
             SRI.MADHU RADHAKRISHNAN
             SRI.NELSON JOSEPH
             SRI.M.D.JOSEPH
             SHRI.DEEPAK ASHOK KUMAR

RESPONDENT/3RD RESPONDENT/JUDGMENT DEBTOR:

             UNITED INDIA INSURANCE CO. LTD
             BANK OF BARODA BUILDING, ANAVATHIL, ERNAKULAM
             DISTRICT 682 002

             BY ADV. P.K.MANOJ KUMAR

     THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 04.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.99 OF 2020                  2




                                  JUDGMENT

The petitioner herein is the claimant in O.P.(M.V.) No.1090 of 2016 on

the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. By Ext.P1 award

dated 7.1.2020, the respondents 1 and 2 have been held jointly and severally

liable to pay compensation of Rs.23,54,950/- with interest at the rate of 8%

p.a. from the date of petition till its realization. His grievance is regarding the

non-compliance of the award by the Insurance Company. Though an

execution petition has been preferred, the matter is being adjourned with no

end in sight. It is in the above backdrop that the petitioner is before this

Court seeking directions to expedite the proceedings.

2. Sri.P.K.Manoj Kumar, the learned Standing Counsel appearing for

the respondent submitted that they have preferred M.A.C.A.No.3027 of 2020

before this Court and the execution of the award has stayed on condition that

the respondent deposits a sum of Rs.12,00,000/- within a period of six weeks

before the Tribunal. It is further submitted that the Tribunal has also been

directed to release the amount to the claimant as and when the amount is

deposited. However, he states that the respondent has preferred a petition

seeking to review the said order and the same is pending.

3. I have considered the submissions advanced. It appears that

this Court had granted a stay of proceedings on condition of deposit of a sum

of Rs.12 lakhs.

In that view of the matter, it is for the petitioner to approach the

Tribunal and if an application is filed, the amount deposited shall be released.

However, the release of the amount shall be subject to the condition that no

interdictory orders are passed by this Court on the application said to have

been filed by the respondent.

This Original Petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE IAP

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 7.1.2020 IN OP(MV) NO.1090/2016 OF IRINJALAKUDA MACT

EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION (EP NO.7/2020) FILED BEFORE THE MACT, IRINJALAKUDA

RESPONDENT'S EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE