Kerala High Court
Cholamandalam Ms General Insurance Co ... vs Sushama A on 25 January, 2022
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
IA.NO.1/2022 IN MACA NO. 270 OF 2022
OPMV 2692/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , THRISSUR
APPLICANT/APPELLANT:
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE,
2ND FLOOR, CITY ARCADE COMPLEX, GURUVAYOOR ROAD, POONKUNNAM P.O.,
THRISSUR-680004 NOW REPRSENTED BY ITS DEPUTY MANAGER -CLAIMS, ACEL
ESTATE, IYYATTIL JUNCTION, CHITTOOR ROAD, KOCHI -682011
RESPONDENTS/RESPONDENTS:
1. SUSHAMA.A, AGED 44, W/O.LATE JAYAKRISHNAN, D/O.DIVAKARAN MASTER,
AMMANATH HOUSE,
THANGALOOR P.O., VIA MULAMKUNNATHUKAVU, THRISSUR DISTRICT, PIN
-680 596
2. SNEHA KRISHNAN, AGED 23, D/O.LATE JAYAKRISHNAN, AMMANATH
HOUSE, THANGALOOR P.O., VIA
MULAMKUNNATHUKAVU, THRISSUR DISTRICT, PIN -680 596
3. SMRUTHI KRISHNAN J., AGED 18, D/O.LATE JAYAKRISHNAN, AMMANATH
HOUSE, THANGALOOR P.O
VIA MULAMKUNNATHUKAVU, THRISSUR DISTRICT, PIN -680 596
4. RAJAGOPALAN K., AGED 86, KALLINGAL HOUSE, NENMARA P.O. VALLANGI
,PALAKKAD DISTRICT ,
PIN-678508
5. VIJAYALAKSHMI K.P.,AGED 70, KALLINGAL HOUSE, NENMARA P.O.,
VALLANGI ,PALAKKAD DISTRICT , PIN-678508
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
of the common award against the appllicant in O.P.(MV) 2692 of 2011 in the
Motor Accidents Claims Tribunal, Thrissur 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.MATHEWS JACOB (SR.),SRI.P.JACOB MATHEW, Advocates for the
petitioners, the court passed the following:
C.S.DIAS, J.
======================
MACA No. 270 of 2022
======================
Dated this the 25th day of January, 2022.
ORDER
Admitted.
Issue notice to the respondents. Post on 7.4.2022. IA 1/2022 On a consideration of the averments in the affidavit filed in support of the application and perusing the impugned award and also taking note of the fact that the petitioner has already deposited Rs.28,00,000/- before the Tribunal, I stay all further proceedings in OP(MV) 2692/2011 on the file of the Motor Accidents Claims Tribunal, Thrissur for a period of three months. The respondents/petitioners would be at liberty to move the Tribunal for withdrawal of their proportionate share from the deposited amount as per the conditions in the impugned award.
Sd/-
sks/25.1.22 C.S.DIAS, JUDGE 25-01-2022 /True Copy/ Assistant Registrar