IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 OP (MACT).No. 2001 of 2011(O) ----------------------------- OPMV.1122/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER ----------------- MARIYAMMA C.M., W/O.LATE P.J.SIMON, AGED 67 YEARS, PALATTUMADOM HOUSE, THRIKAKARA P.O., KAKKANADU, KOCHI-21. BY ADV. SRI.BINOI GEORGE (CHERUKARA) SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENT(S): ----------------------- 1. SABU P.R., S/O.RAMAKRISHNAN, PEEDIKAPARAMBIL, UDAYAMPEROOR. 2. M.T.RAJU, S/O.THANKAPPAN, MAMPILLIL HOUSE, MANEED (DRIVER), ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE EBENEZER GARDEN, EDAPPALLY H.S.JUNCTION, COCHIN-24. THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.(MACT) No.2001 of 2011 EXT.P1 TRUE COPY OF AWARD DATED 22.2.2009 BY THE MACT, ERNAKULAM IN OP (MV) NO.1122 OF 2004. EXT.P2 TRUE COPY OF THE I.A.NO.27909 OF 2010 IN OP (MV) NO.1122 OF 2004 FILED BEFORE THE MACT, ERNAKULAM. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- O.P. (MAC) No.2001 of 2011 ------------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner is the claimant in OP (M.V.) No.1122 of 2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The claim petition was filed seeking payment of the sum of Rupees One Lakh as compensation from the owner, driver and insurer of the motor vehicle which hit the petitioner's husband resulting in his death. By Ext.P1 award passed on 22.2.2009, the Motor Accidents Claims Tribunal awarded the sum of Rs.1,45,000/- as compensation to the petitioner and directed the third respondent therein, viz., the insurer of the vehicle to deposit the said sum together with interest thereon at 7.5% per annum from the date of the claim petition. After Ext.P1 award was passed, the insurer deposited the entire award amount. It is stated that though thereupon the petitioner filed I.A.No.27909 of 2010, a copy of which is produced as Ext.P2, for release of the amount lying in deposit, the said application was rejected on 24.1.2011 without stating any reasons. This writ petition is filed mainly seeking a direction to the Motor Accidents Claims Tribunal, Ernakulam to allow Ext.P2 application (I.A.No.27909/2010) and to release the amount lying in deposit. OP (MAC) No.2001 of 2011 2 2. When the writ petition came up for admission-hearing on 24.6.2011, the Registry was directed to ascertain whether orders have been passed on I.A.No.27909 of 2010 in OP (M.V.) No.1122 of 2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The Motor Accidents Claims Tribunal, Ernakulam has informed the Registry that the application number given by the petitioner in Ext.P2 is not correct, that the insurer had produced a cheque for Rs.2,01,264/- dated 17.8.2010, but the petitioner did not turn up for five months to collect the cheque and therefore the amount was deposited in fixed deposit for one year in Union Bank of India, M.G.Road, Ernakulam. It is evident from the information furnished by the Motor Accidents Claims Tribunal that the petitioner has not filed any application seeking payment of the amount lying in deposit. In that view of the matter, this writ petition really deserves to be dismissed with costs, but having regard to the fact that the petitioner lost her husband in a motor accident, I refrain from doing so, but dispose of the writ petition with a direction that in the event of the petitioner filing an appropriate application before the Motor Accidents Claims Tribunal, Ernakulam, seeking payment of the amount lying in deposit, the Tribunal shall consider the same and pass appropriate orders OP (MAC) No.2001 of 2011 3 thereon expeditiously and in any event within two weeks from the date of presentation of the application. P.N. RAVINDRAN, JUDGE. nj.