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2003 Supreme(Ker) 383

K.PADMANABHAN NAIR
B. Sivankutty – Appellant
Versus
The Motor Accidents Claims Tribunal – Respondent


Judgment :-

The petitioner in an Original Petition on the file of he Motor Accidents Claims Tribunal, Thirubvananthapuram is the petitioner in this Original Petition. He filed O.P.(MV) No.1566 of 1995 claiming compensation for the injuries sustained by him in a road traffic accident involving a motor vehicle. The O.P. was allowed and the petitioner was allowed to recover an amount of Rs.22,250/- from the Insurance Company. Since the Insurer did not pay the amount due under the award, the petitioner filed E.P.463 of 2002 for attachment and sale of movables belonging to the Insurance Company. The Presiding Officer. Motor Accidents Claims Tribunal directed the petitioner to furnish the details of the movables which he seeks to attach. The petitioner was unable to furnish the details of those articles. So the execution petition was dismissed. That order is under challenge in this original petition.

2. The learned counsel appearing for the petitioner argued that the order passed by the Tribunal is illegal. It is submitted that in view of rule 394(1) and (2) of the Kerala Motor Vehicles Rules. 1989, the Tribunal cannot dismiss an execution petition on the ground that the petitioner in the







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