Rosa K. L vs The United India Insurance Co.Ltd
2022 Latest Caselaw 6684 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        OP (MAC) NO. 38 OF 2022
AGAINST THE ORDER IN IA 6/2021 IN OPMV 1614/2014 DATED 27.12.2021
   ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
PETITIONER/PETITIONERS:

    1     ROSA K. L., AGED 68 YEARS
          W/O. PAUL, MURINGATHERY HOUSE, ANDAPARAMBU,
          ANJUR, P. O. MUNDOOR, THRISSUR DT. - 680541.

    2     BEENA, AGED 47 YEARS
          W/O. ROAY, THATHRATHIL PONMANY HOUSE,
          MANAKODY, THRISSUR - 680012.

    3     BIJU M. P., AGED 46 YEARS
          S/O. PAUL, MURINGATHERY HOUSE, ANDAPARAMBU,
          ANJUR, P. O. MUNDOOR, THRISSUR DT. - 680 541.

    4     BINDU M. P., AGED 42 YEARS
          OLAKKENGIL HOUSE, THIRUNELLUR SIVA TEMPLE,
          MULLASSERY, PUVATHUR, THRISSUR - 680 508.

          BY ADVS.
          A.R.NIMOD
          M.A.AUGUSTINE



RESPONDENT/S:

          THE UNITED INDIA INSURANCE CO.LTD.
          SUBKA BUILDING, THAZHEPALAM, MALAPPURAM - 676101,
          REPRESENTED BRANCH MANAGER.
          R BY ADV.P.K.MANOJ KUMER, SC


     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.06.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC) NO. 38 OF 2022          ..2..



                           JUDGMENT

The petitioners are the legal heirs of deceased Paul,

who sustained injuries in an accident, which occurred on

08.05.2014. The Tribunal, by Ext.P1 award, granted an

amount of Rs.21,71,500/- with interest and costs to the

claimant/Paul. In Ext.P1 award, the Tribunal issued the

following directions:

1. Respondents 1 to 3 are jointly and severally liable to pay an amount of Rs.21,71,500/- (Rupees Twenty one lakhs seventy one thousand five hundred only) with interest at the rate of 8% per annum from the date of petition, that is, 20.09.2014 till realization or payment with proportionate costs.

2. The 3rd respondent shall produce account payee cheque for Rs.39,368/- in favour of MACT, Thrissur towards balance court fee.

3. Petitioner has furnished his bank account details, copies of Adhar Car and PAN Card etc with copy to 3rd respondent.

4. Respondent No.3 shall pay an amount of Rs.17,00,000/- to the petitioner through his bank account within one month.

OP (MAC) NO. 38 OF 2022 ..3..

5. 3rd respondent shall deposit the balance amount with interest and proportionate costs in the name of petitioner in a Nationalized bank for 3 years and on maturity the amount shall be released to the petitioner through his account.

6. The 3rd respondent is directed to deposit the amount within one month if not, revenue recovery proceedings will be initiated u/Ss.394(2) of the M.V.Act.

2. Pursuant to the said directions, the respondent

insurance company deposited the compensation awarded

award with interest and costs before the Tribunal. As per

direction No.5, the balance amount after deducting the

amount of Rs.17,00,000/- as per direction No.4, was

deposited in the name of the claimant/Paul in a

nationalised bank for three years as fixed deposit. Sri. Paul

died on 31.10.2021.

3. The original petitioners, who are the legal heirs of

deceased Paul filed Ext.P2 (I.A.No.6/2021 in O.P.

(MV)No.1614/2014) for release of the amount deposited as

per direction No.5. It is stated that Rs.16,46,227/- is OP (MAC) NO. 38 OF 2022 ..4..

deposited in the bank pursuant to direction No.5 of the

award. The Tribunal, by Ext.P3 order, dismissed

I.A.No.6/2021 for the reason that, as per the award, the

amount is deposited for a period of three years and the

said period has not elapsed and that the petitioners have

not shown sufficient grounds for the premature release of

the fixed deposit.

4. Heard the learned Counsel for the petitioner and

the learned Counsel for the respondent insurance

company.

5. It is seen from Ext.P1 award that the claimant/Paul

had sustained 90% disability and was totally bed ridden

and he died on 31.10.2021. It was in the said

circumstances that the Tribunal directed the insurance

company to deposit the amount as per direction No.5 in the

award. Since the claimant/Paul is no more, there is no

purpose in continuing with the said deposit. I am of the

view that the Tribunal has not considered these aspects OP (MAC) NO. 38 OF 2022 ..5..

while rejecting Ext.P2. Therefore, Ext.P3 is set aside and

the Tribunal is directed to re-consider Ext.P2, at the

earliest, after hearing the petitioners and the insurance

company. This shall be done within a period of one month

from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above

directions. No costs.

Sd/-

                            MURALI PURUSHOTHAMAN
                                    JUDGE
SB/09/06/2022
 OP (MAC) NO. 38 OF 2022         ..6..

                APPENDIX OF OP (MAC) 38/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE AWARD OF MOTOR

ACCIDENTS CLAIMS TRIBUNAL, THRISSUR IN O.P.(M.V.) 1614/2014 DATED 26.08.2020.

Exhibit P2 CERTIFIED COPY OF THE I.A.6/2021 IN O.P.

(M.V.) 1614/2014 ALONG WITH AFFIDAVIT DATED 20.12.2021.

Exhibit P3 CERTIFIED COPY OF THE ORDER IN I.A.6/2021 DATED 27.12.2021 IN O.P.

(M.V.) 1614/2014 BEFORE MACT, THRISSUR.