United India Insurance Company ... vs Padmavathyamma
2021 Latest Caselaw 19666 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
         Friday, the 17th day of September 2021 / 26th Bhadra, 1943
                   IA.NO.1/2021 IN MACA NO. 2530 OF 2021
          OP(MV) 8/2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOLLAM.
PETITIONER/APPELLANT:

     THE UNITED INDIA INSURANCE COMPANY LTD., KOLLAM, REPRESENTED BY THE
     MANAGER, REGIONAL OFFICE, KOCHI, PIN - 682 011.

RESPONDENTS/RESPONDENTS

  1. PADMAVATHYAMMA, AGED 38 YEARS, W/O. MOHANAN PILLAI, KUNNATHAYYATH
     VADAKKATHIL, MUTHUPILAKKADU WEST, PORUVAZHY POST, SASTHAMKOTTA
     VILLAGE, KUNNATHUR TALUK, PIN - 690520.
  2. MOHANAN PILLAI, SAID TO BE AGED 49 YEARS, S/O. KUNJAN PILLAI,
     KUNNATHAYYATH VADAKKATHIL, MUTHUPILAKKADU WEST, PORUVAZHY POST,
     SASTHAMKOTTA VILLAGE, KUNNATHUR TALUK, PIN - 690520.
  3. SHAMNAD, A.S. MANZIL, AZHOOR, PIN - 695305.
  4. NASARUDHEEN, S/O.NOORUDHEEN, VAYALIL PUTHEN VEEDU, MANGADU POST,
     KOLLAM, PIN - 691015.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in execution of the impugned judgment dated 02.03.2021 in
O.P.(MV) No. 8/2017 of the Motor Accidents Claims Tribunal, Kollam pending
disposal of the above appeal.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.RAJAN P.KALIYATH, Advocate for the applicant, the Court passed the
following:




                                                                 p.t.o
                          C.S.DIAS,J.
        =================
                M.A.C.A.No.2530 of 2021
         ------------------------------------
            Dated this the 17th day of September,2021

                          ORDER

Admitted.

Issue notice by speed post to the respondents.

Post after three months.

I.A.No. 1/2021

After considering the averments in the affidavit filed in

support of the application and perusing the impugned

award, I am of the opinion that the operation of the

impugned award has to be stayed. Hence, I stay all further

proceedings in OP(MV)No.8/2017 on the file of the

Additional Motor Accidents Claims Tribunal, Kollam, on

condition that the petitioner deposits Rs.7,00,000/-(Rupees

seven lakh only) with proportionate interest and costs

before the Tribunal, within a period of sixty days from today.

The respondents 1 and 2/petitioners would be at liberty to M.A.C.A.No.2530/2021

move the Tribunal for withdrawal of their proportionate

share from the deposited amount as per the conditions in

the impugned award.

Sd/-

C.S.DIAS, JUDGE

DST/17.09.21

e copy//

17-09-2021 /True Copy/ Assistant Registrar