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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
LISSY JOSEPH, THOMAS JOSEPH – Appellant
Versus
M/S. NATIONAL INSURANCE COMPANY – Respondent
OP (MAC) NO. 20 OF 2026 | IA 1/2026 | OPMV NO.329 OF 2013
| Table of Content |
|---|
| 1. transfer of compensation amount sought. (Para 1 , 2 , 3) |
| 2. court directive for tribunal's timely action. (Para 4) |
JUDGMENT
The original petition is filed with the following prayers.
“i. Direct the Motor Accident Claims Tribunal, Pala to take immediate steps to transfer of Rs. 44,42,184/- which is already deposited by the respondent in the name of the petitioners before this Tribunal towards the award amount in respect of O.P.[M.V.] No:329/2013, to the petitioners saving bank account, in the interests of justice.
and ii. Such other relief, that, may be consider deem fit and proper considering the facts and circumstances of the case.”
2. This court had passed the following order on 10.02.2026.
“Sri.George A. Cherian takes notice for the respondent. The Registry is directed to get a report from the Motor Accidents Claims Tribunal, Pala, as to whether any steps have been taken to transfer the amount already deposited by the insurance company in the name of the petitioners regarding the claim in O.P.(M.V) No.329 of
2013. Post on 20.02.2026.”
3. Pursuant to the above, the following communication has been received.
“With reference to the above; I may humbly submit that, the statement showing the enhancement of compensation amount which was ordered by the Hon'ble High Court of Kerala has not been filed by the insurance company.
An application IA 1/2026 has been filed by the petitioner to withdraw the amount on 02.02.2026 and it was posted to 10.02.2026 for hearing. On 10.02.2026, when the IA 1/2026 in OP(MV) 329/2013 was called, there was no representation for the petitioner as well as for insurance company. So the said IA was posted on 12.02.2026 and on that day the insurance company filed an IA 1/2026 along with a statement showing the amount already deposited by the company and certain amount which has been withdrawn in excess by the petitioner. So the IAs' have been posted for hearing on 13.03.2026.”
4. The above statements are recorded. Taking note of the fact that the petitions stand posted for hearing to 13.03.2026, there will be a direction to the Tribunal concerned to pass appropriate orders in accordance with law, either on 13.03.2026 or at any rate within three weeks thereafter.
The OP(MAC) is disposed of as above.
Sd/-
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