IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 17090 of 2010(I) -------------------------- OPMV.265/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: --------------- THOMAS, S/O.THOMAN,AGED 56 YEARS, PARAKKAAN HOUSE, KARUKUTTY P.O.,KARUKUTTY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT: --------------- M/S.NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SMT.A.SREEKALA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17090 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF I.A. No. 1044/2010 FILED BY THE PETITIONER BEFORE THE TRIBUNAL IN O.P.(MV) 265/2006 EXT.P2 : TRUE COPY OF THE ORDER DATED 19/04/2010 OF THE TRIBUNAL IN THE ABOVE I.A. /TRUE COPY/ P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 17090 OF 2010 ......................................................................... Dated this the 9th July, , 2010 J U D G M E N T The petitioner is a victim of a road traffic accident whereby his left leg had to be amputed. The loss sustained to the petitioner was sought to be compensated by filing O.P.(MV)No. 265 of 2006 before the M.A.C.T., Perumbavoor and on conclusion of the trial, an award was passed granting a total compensation of Rs.2,68,619/-, which is stated as deposited by the respondent Insurance Company. 2. Out of the said amount, a sum of Rs.1,68,619/- has been deposited as 'Fixed Deposit' in the State Bank of India, Perumvaboor Branch and the balance sum of Rs.One lakh was released to the petitioner. The case of the petitioner is that, because of serious nature of the injuries, he is totally incapacitated and that his family consisting of his wife and children are in deep trouble finding it very difficult to meet their daily needs. The learned Counsel for the petitioner submits that the amount of Rs.One lakh released to petitioner was not sufficient to meet the medical expenses, which was incurred by him borrowing various amounts from different corners and that the petitioner is forced to repay the due amount without any further delay. It is with this intent that the petitioner approached the W.P.(C) No. 17090 OF 2010 2 Tribunal seeking to release the balance amount, which is in the Fixed Deposit, by filing I.A.No. 1044 of 2010. But after considering the prayer, it was rejected by the Tribunal as per Ext.P2 order, holding that the petition had been filed within four months from the date of the award, which hence is under challenge in this Writ Petition. 3. It is brought to the notice of this Court by the learned Counsel for the petitioner that since the respondent has deposited the entire amount, their role is over and that the Tribunal ought to have appreciated the actual facts, including the loss and hardships being caused to the petitioner. 4. Taking note of the specific averments that more than Rs. One lakh has already been spent towards medical expenses and that the petitioner is bound to repay the amounts (with interest) borrowed from other sources in this regard, the grievance projected by the petitioner appears to be proper and genuine. The observation made by the Tribunal to the contrary in Ext.P2 is not supported by reason. There is absolutely no discussion in Ext.P2 while rejecting the prayer. This Court finds that the total compensation deposited by the Insurance Company including interest was only Rs.2,68,619/- and as such, it is only just and proper that the petitioner is enabled to have the balance amount also disbursed forthwith. . W.P.(C) No. 17090 OF 2010 3 4. . In the above circumstance, Ext.P2 is set aside and the Tribunal is directed to pass necessary orders to release te remaining amount in deposit, due to the petitioner by virtue of the Award passed in O.P.(MV) No. 265 of 2006, which shall be caused to be effected as expeditiously as possible at any rate within one month from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment before the Tribunal for taking further steps. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk