IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 19320 of 2009(H) -------------------------- OPMV.128/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER: --------------- SUMI CHANDRAN, D/O.LATE CHANDRAN, RESIDING AT MANIKAMPADAM, VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENT: --------------- THE ORIENTAL INSURANCE CO.LTD., PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19320 of 2009 -------------------------- Dated this the 11th August,2009 J U D G M E N T Petitioner is one of the decree holders in Ext.P1 award, which arose from the application filed by the petitioner, her mother and brother claiming compensation, on account of the death of the petitioner’s father in a motor vehicle accident. An amount of Rs.75,000/- was directed to be paid to the petitioner by way of fixed deposit when she was a minor. On attaining majority, she filed three applications, one to delete the name of her mother, the other to record her as a major and the third one for a permission to release the amount lying in fixed deposit. Petitioner has been recorded as major as evidenced by Exts.P5 and P6 and her mother has also been deleted from the position of guardian and next friend of the petitioner. But the Tribunal required the petitioner to produce a Legal Heirship Certificate as per Ext.P3, which is under challenge in this writ petition. W.P ( C) No.19320 of 2009 2 2. I have gone through the application filed by the petitioner recording her as a major and consequently deleting the petitioner’s mother as a next friend and guardian of the petitioner. Once she has been recorded as major, it is not necessary for the petitioner to produce a legal Heirship certificate. 3. In the circumstances, Ext.P3 is set aside and I.A.1059/09 shall be dealt with by the Tribunal afresh and orders shall be passed within a period of one month from the date of receipt of a copy of this judgment . Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.19320 of 2009 3 W.P ( C) No.19320 of 2009 4