Kerala High Court
Yeju Krishnan vs Sasidharan on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
OP (MAC) NO. 86 OF 2023
1
2024:KER:66930
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
OP (MAC) NO. 86 OF 2023
AGAINST THE ORDER IN OPMV NO.1098 OF 2009 OF ADDITIONAL DISTRICT COURT-II
& IST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA
PETITIONER/S:
YEJU KRISHNAN, AGED 21 YEARS
SON OF YESODHARAN, KUZHIYATH VEEDU, EDAKUNNAM MURI, NOORANAD
VILLAGE, CHARUMOOD P.O., ALAPPUZHA, PIN - 690505
BY ADVS. T.S.HARIKUMAR; P.B.SAHASRANAMAN
RESPONDENT/S:
1 SASIDHARAN, AGED 69 YEARS
S/O ANANTHU, PLAVILAYIL HOUSE, EDAKUNNAM MURI, NOORANAD
VILLAGE, CHARUMOOD P.O., ALAPPUZHA, PIN - 690505
2 THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD, KAYAMKULAM, ALAPPUZHA., PIN -
690502
SRI.P.K. MANOJ KUMAR-SC
THIS OP (MAC) HAVING FINALLY HEARD ON 03.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (MAC) NO. 86 OF 2023
2
2024:KER:66930
JUDGMENT
The petitioner was a claimant in OP(MV) No.1098/2009. At
the time of sustaining injuries in a road accident, the petitioner
was a minor. OP(MV) was settled in the Lok Adalat on 11.12.2010
for an amount of Rs.1,71,092/-. Accepting the settlement the
respondent Insurance Company deposited the said amount with
the MACT. The petitioner's guardian was permitted to withdraw
Rs.1 lakh immediately, which was withdrawn, and the remaining
amount of Rs.71,092/-, which was deposited vide F.D. No.537000,
was permitted to be withdrawn by the petitioner after he attained
majority. The petitioner attained majority on 13.08.2020.
However, in the meantime, the Motor Accident Claims Tribunal,
Mavelikara, took the proceedings on the behest of the respondent
Insurance Company to re-open the Award passed on 11.12.2010 in
Mega Adalath and dismissed the claim petition.
OP (MAC) NO. 86 OF 2023
2024:KER:66930
2. This Court is of the considered view that once the Award
has been passed, accepted by the parties, and acted upon, the
Ext.P3 order passed by the Motor Accident Claims Tribunal is
wholly without jurisdiction and is set aside. The Motor Accident
Claims Tribunal Mavelikara is directed to release the Fixed
Deposit amount of Rs.71,092/- along with accrued interest to the
petitioner forthwith on an application filed by the petitioner.
The writ petition stands disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
OP (MAC) NO. 86 OF 2023
2024:KER:66930
APPENDIX OF OP (MAC) 86/2023
PETITIONER EXHIBITS
Exhibit P.1 THE TRUE PHOTOSTAT COPY OF THE AWARD IN
OP(MV).NO.1098 OF 2009 OF MOTOR ACCIDENT CLAIM
MAVELIKARA, DATED 11-12-2010
Exhibit P.2 THE TRUE PHOTOSTAT COPY OF THE BIRTH CERTIFICATE
ISSUED BY THE CHENGANNUR MUNICIPALITY, DATED 07-03-
Exhibit P.3 THE TRUE PHOTOSTAT COPY OF AWARD IN OP(MV).NO.1098
OF 2009 OF MOTOR ACCIDENT CLAIM MAVELIKARA, DATED
14-03-2016
Exhibit P.4 THE TRUE PHOTOSTAT COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE MOTOR ACCIDENT CLAIM
MAVELIKARA, DATED 27-04-2021
