Kerala High Court
Icici Lombard General Insurance Co.Ltd vs Abdul Jamsheer.P.R on 16 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 16th day of August 2024 / 25th Sravana, 1946
IA.NO.1/2024 IN MACA NO. 1716 OF 2024 (D)
OPMV 313/2022 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD
APPLICANT/APPELLANT:
ICICI LOMBARD GENERAL INSURANCE CO.LTD., SECOND AND 3RD FLOOR,
NUNGAMBAKKAM HIGH ROAD, CHOTTA BHAI CENTRE, CHENNAI, TAMILNADU
-600034. REPRESENTED BY ITS MANAGER(LEGAL) , 2ND FLOOR, CITY PLAZA,
YMCA CROSS ROAD, KOZHIKODE
RESPONDENT/RESPONDENT:
ABDUL JAMSHEER.P.R., AGED 34 YEARS, S/O.ABDUL RAHMAN, JASEELA
MANZIL, SASTHA NAGAR, MOGRAL PUTHUR, KASARAGOD TALUK AND DISTRICT,
PIN - 671124
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
of the award in O.P.(MV) No.313/2022 of Motor Accidents Claims Tribunal,
Kasaragod, against the petitioner, pending final disposal of this appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. GEORGE CHERIAN (SR.), GEORGE A.CHERIAN & LATHA SUSAN CHERIAN,
Advocate for the applicant and of M/S. T MADHU, C.R.SARADAMANI, RENJISH S.
MENON, VRINDA T.S. & AISWARYA JAYAPAL, Advocates for the respondent, the
Court passed the following:
P.T.O
SHOBA ANNAMMA EAPEN, J.
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MACA No.1716 of 2024
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Dated this the 16th day of August, 2024
ORDER
C.M.Appln.No.1 of 2024
This is an application to condone the delay of 130 days in filing the appeal.
Having heard the learned counsel on both sides and having regard to the reasons stated in the affidavit filed in support of the application, I am convinced with the reasons stated. Accordingly the delay of 130 days in filing the appeal stands condoned.
I.A.No.1 of 2024
There shall be an interim stay of execution of the award passed by the Motor Accidents Claims Tribunal, Kasaragod in O.P(MV)No.313 of 2022 for a period of four months subject to the condition that the appellant/insurance company shall deposit 50% of the amount awarded by the Tribunal along with interest and costs accrued thereon within a period of two months from today. Upon such deposit, it shall be open for the claimants to seek for release of the said amount. MACA No.1716 of 2024 2
MACA Admit.
Post on 09.12.2024.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE MC 16-08-2024 /True Copy/ Assistant Registrar