T C PATHROSE Vs. ORIENTAL INSURANCE COMPANY LIMITED
LAWS(KER)-2003-7-36
HIGH COURT OF KERALA
Decided on July 28,2003

T.C.PATHROSE Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

- (1.) The petitioner is an injured in a motor accident which occurred on 15.2.1999. On account of the serious injuries sustained by the petitioner, he was treated in the hospital for more than 75 days as an inpatient. The petitioner spent Rs.65,000/- for his treatment. On the basis of the settlement arrived at by the petitioner and the Insurance Company on 19.3.2002, the Tribunal passed an award for an amount of Rs.1,40,000/-. The Insurance Company issued a cheque for Rs.1,40,000/- on 8.5.2002 in favour of the Tribunal. The Tribunal deposited the amount in the name of the petitioner on 9.10.2002 for a period of two years, but the petitioner was allowed to withdraw only an amount of Rs.25,000/-. The grievance of the petitioner is that though he filed an application to withdraw the balance amount for continuing his treatment and for the purpose of his daughter's marriage, the Tribunal neither numbered the application nor allowed him to withdraw any amount. Hence, the petitioner has approached this Court for a direction to the Tribunal to release the amount deposited in his name.
(2.) Learned counsel appearing for the petitioner submits that the accident occurred on 15.2.1999 and the Insurance Company deposited the award amount on 9.10.2002. The petitioner was allowed to withdraw only an amount of Rs.25,000/-. He is an educated man. The petitioner actually spent more than Rs.65,000/- for his treatment and he is continuing the treatment. He also needs money for his daughter's marriage.
(3.) In paragraphs 3 and 4 of the counter affidavit filed on behalf of the 1st respondent Insurance Company it is stated as follows: - "3. As per Ext. P1, an amount of Rs.1,14,228/- is deposited for a period of 24 months from 9.10.2002 with interest at the rate of 7.25% per annum. 4. The petitioner sustained injuries in a motor accident that occurred on 15.2.99. The claim so settled on 13.12.2000 for Rs.1,40,000/-. This respondent has deposited the entire amount before the Tribunal by letter dated 8.5.2002. It is stated that the petitioner requires the amount for the marriage of his daughter.";


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