IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37954 of 2008(R)
1. SUDHAKARAN.K.
... Petitioner
Vs
1. UNITED INDIA INSURANCE CO. LTD.,
... Respondent
For Petitioner :SRI.M.V.AMARESAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/01/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No. 37954/ 2008
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Dated this the Ist day of January, 2009.
JUDGMENT
Petitioner submits that he was a claimant before the
MACT, Thalassery in O.P(MV).No.872/97. It is stated that,
following Ext.P1 judgment rendered by this court in
MACA.No.297/08, an appeal filed by him, the Insurance
Company has deposited the compensation. In order to get
the aforesaid compensation amount released, the petitioner
states that he filed Ext.P3 cheque application. According to
the petitioner, since there is no Presiding Officer in the
Tribunal on account of transfer, the Additional District
Judge, Thalassery is now holding charge. It is stated that,
on account of the absence of a regular Presiding Officer,
the cheque application is not considered and as a result
there of he is not in a position to get the amount released
as sought for in Ext.P3. It is in this background the
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petitioner prayer for a direction to the MACT, Thalassery to
pass orders on Ext.P3 cheque application filed by him.
If as stated by the petitioner, the amount has been
deposited, following the award passed by the Tribunal in
relation to which Ext.P1 judgment has been passed by this
court, petitioner is entitled to get the amount released.
Seeking release of the aforesaid amount, if the petitioner has
filed Ext.P3 cheque application, the Tribunal is bound to
consider the said application also. Absence of a regular
Presiding Officer may not be of any relevance.
Therefore, the writ petition is disposed of directing that
the MACT, Thalassery shall consider Ext.P3 cheque application
filed by the petitioner, as expeditiously as possible and at any
rate within 4 weeks from the date of production of a copy of
the judgment.
(ANTONY DOMINIC)
JUDGE
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