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Judgment
Petitioner herein is the power of attorney holder of the claimant in O.P. (MV) No.1368/2017 of the Motor Accidents Claims Tribunal,
Thiruvananthapauram. By virtue of the award, the insurance company was directed to pay a sum of Rs.11,92,780/- with interest in favour of the
original claimant. 2nd respondent was directed to remit the amount in the bank account of the original claimant. Thereafter, I.A.No.2282/2020 was
filed by the petitioner requesting for releasing the amount so awarded in his name on the ground that his son, the original claimant, was abroad. That
application was dismissed by the MACT on the ground that, the pass book details of the original claimant was not produced as directed. It was further
held that, the amount cannot be deposited in the account of the power of attorney holder.
When the matter was taken up today, learned standing counsel for the Insurance Company Sri.Ziyad Rahaman submitted that, if the court directs to
deposit the award amount in the account of the power of attorney holder, they have no objection in depositing the amount accordingly.
It seems that, power of attorney executed by the original claimant in favour of the father is not in dispute. It has also come on record that the
original claimant is now abroad. He has only an NRE account in India as submitted by the learned counsel for the petitioner and in that NRE account,
the above award amount cannot be deposited. There is nothing to show that the petitioner has any interest adverse to the interest of the original
claimant.
Having evaluated the entire facts, I am inclined to set aside Ext.P4 order and to allow I.A.No.2282/2020. The award amount due to the claimant
shall be deposited in the account of the petitioner herein in Dhanalakshmi Bank, Court Complex, Vanchiyoor, Thiruvananthapuram in the name of
Sasidharan, who is the father of the original claimant. He shall furnish the account details to the second respondent. It is directed that, the entire
amount so deposited by the Insurance company, shall be deposited by the petitioner in Fixed Deposit in the name of the original claimant immediately
after the amount is received. Intimation shall be given to the MACT regarding the above deposit with details of the amount in deposit. Further
directions, regarding the release of the amount so deposited, can be issued by the MACT, Thiruvananthapuram.
The O.P.(MAC) is disposed of as above.