IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 37265 of 2007(J) --------------------------------------- PETITIONER(S): ------------------------- T.A.MAJEED, S/O.ABDUL KHADER, AGED 58 YEARS, 13/761, KARUVELIPPADY, KOCHI - 5, ERNAKULAM. BY ADVS. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): -------------------------- 1. THE COCHIN REFINERIES LTD, REPRESENTED BY ITS MANAGING DIRECTOR, BHARATH PETROLEUM CORPORATION LIMITED, AMBALAMUGHAL, ERNAKULAM DISTRICT. 2. THE SECURITY OFFICER, COCHIN REFINERIES LTD., BHARATH PETROLEUM CORPORATION LIMITED, AMBALAMUGHAL, ERNAKULAM DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, EDATHIL BUILDING, THOPPUMPADY, ERNAKULAM. BY ADVS.MR.E.K.NANDAKUMAR FOR R1 & R2 MR.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37265/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF THE TANKER LORRY NO.KL-04/E-3828. P2:- COPY OF THE INSURANCE POLICY ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P3:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE S. I OF POLICE , AMBALAMEDU DT. 11.12.07. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 37265 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of April, 2009 J U D G M E N T The petitioner's lorry while returning after supplying drinking water happened to be met with an accident within the premises of first and second respondents, causing damage to their property which made them to detain the vehicle. Subsequently, on approaching this Court by filing this Writ Petition, an interim order was passed permitting the petitioner to get the vehicle released, on furnishing necessary bank guarantee to the satisfaction of the respondents 1 and 2, which in turn was complied with by the petitioner and the vehicle was got released. 2. Learned counsel for the petitioner as well as respondents 1 and 2 submit that, pursuant to the claim preferred by the petitioner before the third respondent/Insurer, necessary proceedings were finalised by the third respondent and the eligible amount assessed as the compensation payable, has already been released to the respondents who suffered the damage. Prayer of the petitioner is to record the position as above and release the bank guarantee already furnished by him. 3. The learned counsel for the respondents 1 and 2 submits that W.P.(C) No. 37265 of 2007 -:2:- there is absolutely no objection for the respondents 1 and 2 to have such a course and accordingly, the matter is disposed of permitting the petitioner to recall the bank guarantee furnished by him pursuant to the interim order passed by this Court. P.R.RAMACHANDRA MENON, JUDGE. kmd