Valsa Kurian v. P.Mani

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 OP (MAC).No. 191 of 2014 (O) ----------------------------- IA 4685/2014 IN OP(M.V) 955/89 of PRINCIPAL SUB COURT, ALAPPUZHA --------------------- PETITIONERS/PETITIONERS :

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1. VALSA KURIAN, W/O.LATE DR.GEORGE KURIAN, MUTHOOT HOUSE, KOZHENCHERRY REPRESENTED BY ITS POWER N OF ATTORNEY HOLDER BABY SUJATHA, AGED 38 YEARS, W/O.SRI, JAISUREJ, RESIDING AT SAI SUREJ, CUSTOMS COLONY, POONITHURA, THRIPUNITHURA ERNAKULAM

2. MR.GEORGE KURIAN S/O.LATE DR.GEORGE KURIAN, MUTHOOT HOUSE, KOZHENCHERRY REPRESENTED BY ITS POWER N OF ATTORNEY HOLDER BABY SUJATHA AGED 38 YEARS, W/O.SRI, JAISUREJ, RESIDING AT SAI SUREJ CUSTOMS COLONY, POONITHURA, THRIPUNITHURA ERNAKULAM

3. SUSAN KURIAN D/O.LATE DR.GEORGE KURIAN, MUTHOOT HOUSE KOZHENCHERRY REPRESENTED BY ITS POWER OF ATTORNEY HOLDER BABY SUJATHA W/O.SRI, JAISUREJ, RESIDING AT SAI SUREJ CUSTOMS COLONY, POONITHURA, THRIPUNITHURA ERNAKULAM BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS :

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1. P.MANI, S/O.K.PALANY, SWAMY GOUNDER, MUTTUCHETTY PALAYAM COLONY, HOUSE NO. 112 AVANCHY STREET, NETTUPALAYAM, COIMBATORE DISTRICT

2. R.SHANMUGHAM, S/O.RAMASWAMY GOUNDER, 92, KUNNATHUR ROAD, PERUNDURAI, TAMIL NADU

3. UNITED INSURANCE COMPANY LTD.24 WHITES ROAD, MADRAS 600 014.

R3 BY SRI.JOHN JOSEPH VETTIKAD, SC THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 191 of 2014 (O) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

COPY OF THE POWER OF ATTORNEY EXHIBIT P2:

COPY OF THE AWARD IN OPMV 955/89 DATED 10/1/1996. EXHIBIT P3:

COPY OF THE AFFIDAVIT OF THE 3RD PETITIONER IN IA 666/15 IN OP(MV) 955/89 ON THE FILE OF MACT, ALAPPUZHA. EXHIBIT P4:

COPY OF THE AFFIDAVIT OF THE 3RD PETITIONER IN IA 668/15 IN OP(MV) 955/89 ON THE FILE OF MACT, ALAPPUZHA. EXHIBIT P5:

COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER IN IA 665/15 IN OP(MV) 955/89 ON THE FILE OF MACT, ALAPPUZHA. EXHIBIT P6:

COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER IN IA 667/15 IN OP(MV) 955/89 ON THE FILE OF MACT, ALAPPUZHA RESPONDENT(S)' EXHIBITS :

NIL.

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K. Vinod Chandran, J.

==================================== O.P.(MAC)No.191 of 2014 ==================================== Dated this the 2nd day of March, 2015.

JUDGMENT

1. Petitioners have filed the above writ petition, on the ground that, the petitioners were not granted the disbursal of the amounts deposited by the Insurance Company, in pursuance to the Award made by the Motor Accidents Claims Tribunal, Alappuzha. Non-disbursement was said to be, on account of the fact that, no details were found regarding the payment of court fee. This Court had called for a report and now it is revealed that, the Registry of the Tribunal has been able to trace out the details, regarding deposit of court fee and the application also was allowed.

2. Petitioner has prayed for an early disbursal of the amounts. It is stated that four interlocutory applications, numbered as I.A.Nos.665, 666, 667 and 668 of 2015, are pending before the MACT. In such circumstance, the said applications shall be considered,

O.P.(MAC)No.191 of 2014 -:2:- expeditiously, at any rate, within a period of two months from today. The disbursal shall also be made, in accordance with law, expeditiously. The enquiry, initiated on the orders of this Court, shall be closed.

Original Petition is disposed off.

K. Vinod Chandran, Judge.

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