IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 27952 of 2008(C) -------------------------- OPMV.188/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... PETITIONER: ----------------- P.P.RAGHUNATHAN ,AGED 40 YEARS, S/O.P.K.PRABHAKARAN, R/AT PATHARI PLAVIL HOUSE, ARUKARA P.O., PETTIKUNDU, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT: --------------- THE NEW INDIA ASSURANCE CO.LTD. M.G.ROAD, KASARAGOD. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.27952 of 2008 -------------------------- Dated this the 7th October, 2008 J U D G M E N T Heard learned counsel for the petitioner. In the facts and circumstances of the case, since the challenge in the writ petition is only against the order passed by the Motor Accidents Claims Tribunal, Kasargod in the matter of disbursal of the amount already deposited by the Insurance Company in satisfaction of the award passed against it, I do not think it is necessary to issue notice to the Insurance Company. An amount of Rs.95,000/- was awarded as compensation to the petitioner for the injuries sustained by him in a motor accident. The amount was quantified in proceedings taken by the Lok Adalath, Kasargod, as evidenced by Exhibit P1. Apparently, an amount of Rs.30,000/- was disbursed to the petitioner. He requires the balance amount and he therefore filed a cheque application in that regard before the Motor Accidents Claims Tribunal, Kasargod which has been dealt W.P ( C) No.27952 of 2008 2 with under Exhibit P3 order. Petitioner is permitted to withdraw Rs.25,000/ against receipt in that regard issued by the Bank. Petitioner submits that he requires the entire amount in these circumstances. The application filed by the petitioner has not been dealt with correctly by the MACT in the light of the fact that the injured himself is the applicant. In the result, Exhibit P3 is set aside and the MACT Kasargod is directed to pass fresh orders in I.A. No773 of 2008 in O.P. (MV) No.188 of 2006. Unless there are extra ordinary reasons the amount should be disbursed to the claimant/injured, within a period of one month from the date of production of the judgment before the MACT, Kasargod. (V.GIRI,JUDGE) ma W.P ( C) No.27952 of 2008 3 W.P ( C) No.27952 of 2008 4