Kerala High Court
New India Assurance Co Ltd vs Manjula Sathyanathan on 13 September, 2023
MACA No.4040/2022 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 13th day of September 2023 / 22nd Bhadra, 1945
IA.NO.1/2023 IN MACA NO. 4040 OF 2022
OPMV 512/2019 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VATAKARA
PETITIONER/1ST RESPONDENT:
MANJULA SATHYANATHAN, AGED 41 YEARS, W/O SATHYANATHAN B.S., MAROLI
HOUSE, PURAMERI P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673503
RESPONDENTS/APPELLANT & RESPONDENTS 2 & 3:
1. NEW INDIA ASSURANCE CO. LTD,(760600) CALICUT, SILVER PLAZA BUILDING,
INDIRA GANDHI ROAD, CALICUT, REPRESENTED BY ITS ASST. MANAGER,
(LEGAL) REGIONAL OFFICE, KANDOMKULATHY TOWERS, M.G. ROAD, COCHIN,
PIN - 682011
2. ANOOP, S/O GANGADHARAN, AGED 41 YEARS, ELAMBILAI, LAKSHAMVEEDU
COLONY, PURAMERI P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673503
3. VINEESH, S/O DAMU, AGED 37 YEARS, ELAMBILAI, LAKSHAMVEEDU COLONY,
PURAMERI P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673503
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
directing Motor Accident Claims Tribunal, Vadakara to release the amount
deposited by the 1st respondent/appellant as per the order of this Hon'ble
Court dated 23.08.2023 in IA 1/2022 in MACA 4040/2022 to the petitioner.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's order dated
23.08.2023 in IA 1/2022 and upon hearing the arguments of, SRI. GEORGE
SEBASTIAN, Advocate for the petitioner in I.A/Respondent No.1 in MACA,
SRI. P.G.GANAPPAN, Advocate for Respondent 1 in I.A/Appellant in MACA and
M/S.U.P.BALAKRISHNAN and C.H.ABDUL RASAC, Advocates for the Respondents 2
and 3 in I.A/Respondents 2 and 3 in MACA, the court passed the following:
ORDER
This application is allowed.The Motor Accident Claims Tribunal, Vadakara is directed to release the amount deposited by the 1st respondent/appellant in compliance of the order passed by this Court on 23.08.2023 in this case to the petitioner/1st respondent.Since it is reported that the amount is deposited on 01.09.2023 the interim order already granted by this court shall continue until disposal of the above appeal.
Sd/- ZIYAD RAHMAN A.A, JUDGE 13-09-2023 /True Copy/ Assistant Registrar