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Muhammed Nowful K.S @ Shanu vs M.G.Balakrishnan Myladi

High Court Of Kerala|11 June, 2014
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JUDGMENT / ORDER

The petitioner was the claimant in O.P (MV) No.1687/2009 on the files of the Motor Accidents Claims Tribunal, Kottayam. The petitioner had filed the said claim petition seeking compensation for injuries suffered in a motor accident. As per Ext.P1 award, he was granted compensation. An amount of ₹1,50,000/- was paid to him directly and the balance amount of ₹1,26,342/- was deposited in the name of the petitioner in a Fixed Deposit Account with a nationalised bank for a period of two years. Later on, the petitioner filed a petition seeking release of the amount that was remaining in Fixed Deposit stating that he wanted to start a stationery shop. The said petition was allowed by the Tribunal. The amount was permitted to be withdrawn on condition that the petitioner executed an undertaking before the Tribunal that he would produce the Panchayat Licence for conducting the business. He has not O.P (MACT) No.75 of 2014 -: 2 :- complied with the said undertaking. Therefore, as per Ext.P3 order, the Tribunal has directed the petitioner to refund the amount that was released to him.
2. I have heard Adv.Ziyad Rahman, who appears for the Insurance Company also.
3. The counsel for the petitioner submits that the licence could not be produced for some technical reasons. He assures that the licence would be produced before the Tribunal in compliance with the undertaking provided, he is granted some time to produce it. Since the petitioner is ready to comply with the undertaking, I am satisfied that he should be granted some time to produce the licence.
This Writ Petition is therefore disposed of granting two months time to the petitioner to produce the licence that he had undertaken to produce before the Tribunal. Meanwhile, Ext.P3 order of the Motor Accidents Claims Tribunal, Kottayam shall be kept in abeyance.
Sd/- K.SURENDRA MOHAN, JUDGE.
Jvt
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Title

Muhammed Nowful K.S @ Shanu vs M.G.Balakrishnan Myladi

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • K Surendra Mohan
Advocates
  • G Sreekumar
  • S Kurup