IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33076 of 2005(K)
1. ANIL KUMAR T.P., S/O.KUNHIRAMAN,
... Petitioner
Vs
1. ABDULLA @ KUNHABDULLA,
... Respondent
2. ASSIA, W/O.ABDULLA @ KUNHABDULLA,
3. STATE OF KERALA, REP. BY
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :SRI.M.GOPIKRISHNAN NAMBIAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :01/08/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 33076 OF 2005
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Dated this the 1st day of August, 2007
JUDGMENT
Heard both sides. The impugned order is Ext.P3 under which the
Motor Accident Claims Tribunal allowed the petitioner’s application for
lifting the attachment before judgment of a jeep belonging to the
petitioner on condition that he furnished security to the tune of Rs.4.5
lakhs. According to the petitioner, the value of the jeep attached by the
Tribunal is Rs.75,000/- and the learned Tribunal was not justified in
insisting a security of more than Rs.75,000/-.
The learned counsel for the respondents would submit that the
value of jeep was at least Rs.3.5 lakhs and the Tribunal cannot be said
to be at fault in insisting on security for Rs.4.5 lakhs since the claim was
for a sum of Rs.9 lakhs.
It is seen that the order of attachment was passed by the MACT in
early 2005. The jeep is kept idle in the compound of the MACT and in
all probability by this time the jeep become deteriorated due to exposure
to sun and rain. Whatever that be, in modification of the impugned
order, I direct that the jeep in question be released to the petitioner upon
his furnishing security to the tune of Rs.3 lakhs. There will be a further
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direction to the MACT to try and dispose of OP(MV) No. 540 of 2005 at
the earliest and at any rate within four months of receiving copy of this
judgment.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 33076 of 2005
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