The United India Insurance ... vs Sathy
2021 Latest Caselaw 20078 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
          Friday, the 24th day of September 2021 / 2nd Aswina, 1943
                    IA.NO.1/2021 IN MACA NO. 2532 OF 2021
      OP(M.V) 1155/2014 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR.
PETITIONER/APPELLANT:

     THE UNITED INDIA INSURANCE COMPANY LTD., ORISON COMPLEX,
     WADAKKANCHERY ROAD, POST KUNNAMKULAM, REPRESENTED BY THE MANAGER,
     REGIONAL OFFICE, KOCHI - 682 011.

RESPONDENTS/RESPONDENTS

  1. SATHY, AGED 55 YEARS, W/O.VISWANATHAN @ VISWAN, MULLAKKAL VEEDU,
     POST BRAHMAKULAM, THRISSUR DISTRICT, PIN - 680 104.
  2. VISAKH, AGED 29 YEARS, S/O.W/O.VISWANATHAN @ VISWAN, MULLAKKAL
     VEEDU, POST BRAHMAKULAM, THRISSUR DISTRICT, PIN - 680 104.
  3. VINDUJA, 21 YEARS, D/O.VISWANATHAN VISWAN, MULLAKKAL VEEDU, POST
     BRAHMAKULAM, THRISSUR DISTRICT, PIN - 680 104.
  4. PRABHAKARAN P., PONNAMPARAMBIL HOUSE, POST GURUVAYUR, THRISSUR
     DISTRICT, PIN - 680 101.
  5. SASI, S/O.RAMAN, KOZHAKEPURAKKAL VEEDU, KAKKASSERY, ELEVALLY,
     THRISSUR DISTRICT, PIN - 680 508.


     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 13.01.2021 in
O.P.(MV) No. 1155/2014 of the Motor Accidents Claims Tribunal, Thrissur
pending disposal of the above appeal.


     This Application coming on for admission 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 and of
M/S.A.R.NIMOD & M.A.AUGUSTINE, Advocates for the Respondents, the Court
passed the following:

                                                            p.t.o
                         C.S.DIAS,J.
        =================
               M.A.C.A.No.2532 of 2021
        ------------------------------------
           Dated this the 24th day of September,2021

                         ORDER

Admitted.

Adv. Sri. A.R.Nimod enters appearance for

respondents 1 to 3. Issue urgent notice by speed post

to respondents 4 and 5.

Post after three months.

I.A.No. 1/2021

On a consideration of 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.1155/2014 on the file of

the Motor Accidents Claims Tribunal, Thrissur, on condition

that the petitioner deposits an amount of Rs.9,00,000/-

(Rupees nine lakh only) with proportionate interest and M.A.C.A.No.2532 of 2021

costs before the Tribunal, within a period of sixty days from

today. The respondents 1 to 3/petitioners would be at liberty

to move the Tribunal for withdrawal of the deposited

amount in proportion and as per the conditions in the

impugned award.

Sd/-

C.S.DIAS, JUDGE

DST/24.09.21

e copy//

24-09-2021 /True Copy/ Assistant Registrar