Kerala High Court
Athira S Cheruvally vs Reliance General Insurance on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
OP (MAC) NO. 96 OF 2021
OPMV 1738/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
PETITIONER:
1 ATHIRA S CHERUVALLY,AGED 18 YEARS,D/O SUBRAMANIAN,
NAVANEETHAM HOUSE, KARAKKAD ROAD, NEAR AYURVEDA NURSING
HOME, GURUVAYOOR P.O, THRISSUR-680101.
2 ASWATHY S.CHERUVALLY, AGED 18 YEARS,D/O SUBRAMANIAN,
NAVANEETHAM HOUSE, KARAKKAD ROAD, NEAR AYURVEDA NURSING
HOME, GURUVAYOOR P.O, THRISSUR-680101.
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A
RESPONDENT:
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
POOTHOLE P.O, THRISSUR, PIN-680004, REPRESENTED BY ITS
DIVISIONAL MANAGER.
ADV.K.S. SANTHI
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(M.A.C) NO.96 OF 2021
2
JUDGMENT
The petitioners are twin sisters. Their father
Mr.Subramanian died in a road accident on
10.12.2007. O.P(MV) was filed before the Tribunal
seeking compensation in which an award was passed.
The petitioners were minors and the award amount was
deposited in Fixed Deposits in a Bank. Petitioners
moved applications before the Tribunal on I.A Nos.5
of 2021 and 6 of 2021 seeking permission to withdraw
the amounts covered under the Fixed Deposits. The
request was rejected as per Exts P4 and P7 orders.
It is aggrieved thereby that the petitioners have
approached this Court by way of this original
petition.
2. Heard the learned counsel on both sides.
3. The need projected by the petitioners is to
meet expenses in relation to their education. To
prove the genuineness of the claim, they have
produced Exts P2 and P5 documents issued by the
O.P(M.A.C) NO.96 OF 2021
colleges. Considering the Exhibits and the age of
the petitioners, there is no reason to assume that
the claim made is not bonafide. In the
circumstances, I am of the opinion that out of the
Fixed Deposit amounts an amount of Rs.3 Lakhs could
be permitted to be withdrawn by each of the
petitioners.
Accordingly, the original petition is allowed.
Exts P4 and P7 orders in I.A Nos.5 of 2021 and 6 of
2021 in O.P(M.V) No.1738 of 2009 of MACT, Thrissur
are set aside. The respective petitioners are
permitted to withdraw an amount of Rs.3 Lakhs from
their respective accounts. The Tribunal shall pass
further directions for compliance with the
formalities.
Sd/-
SATHISH NINAN
JUDGE
vdv
O.P(M.A.C) NO.96 OF 2021
APPENDIX OF OP (MAC) 96/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AWARD IN OP (MV)
NO.1738 OF 2009 PASSED BY THE HON'BLE
IIIRD ADDITIONAL DISTRICT/MOTOR
ACCIDENTS CLAIMS, TRIBUNAL, THRISSUR
DATED 27.04.2016.
Exhibit P2 THE TRUE COPY OF THE APPLICATION FORM
OF THE 1ST PETITIONER ISSUED FROM THE
AMRITA VISHWA VIDYAPEETHAM,
COIMBATORE.
Exhibit P3 TRUE COPY OF THE PETITION IN I.A NO.5
OF 2021 IN OP (MV) NO.1738 OF 2009 ON
THE FILE OF THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL, THRISSUR DATED 16.08.2021.
Exhibit P4 TRUE COPY OF THE ORDER IN IA NO. 5 OF
2021 IN OP(MV) NO.1738 OF 2009 PASSED
BY THE HON'BLE MOTOR ACCIDENTS CLAIMS
TRIBUNAL, THRISSUR DATED 07.09.2021.
Exhibit P5 TRUE COPY OF THE RECEIPT OF PAYMENT OF
THE ADVANCE TUITION FEE IN THE VELLOOR
INSTITUTE OF TECHNOLOGY IN THE NAME OF
THE 2ND PETITIONER DATED 14.07.2021.
Exhibit P6 TRUE COPY OF THE PETITION IN I.A NO.6
OF 2021 IN OP (MV) NO.1738 OF 2009
PASSED BY THE HON'BLE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, THRISSUR DATED
16.08.2021.
Exhibit P7 TRUE COPY OF THE ORDER IN I.A NO.6 OF
2021 IN OP (MV) NO.1738 OF 2009 ON THE
FILE OF THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL, THRISSUR DATED 07.09.2021.
