IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 9972 of 2009(N) ------------------------- OPMV.3489/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER(S): --------------- V.N.BASHEER, AGED 39 YEARS, S/O. NAINA, VAZHELIPARAMBU HOUSE, EDAYAPRAM, ALUVA VILLAGE. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.DIJO SEBASTIAN SRI.SABU JOSE RESPONDENT(S): --------------- KERALA STATE INSURANCE DEPARTMENT, REP. BY THE DIRECTOR OF INSURANCE, TRIVANDRUM. GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 9972/2009 ----------------------------------------------------------------- EXT.P1 TRUE COPY OF AWARD IN O.P.(MV) NO. 3489/94, MACT, PERUMBAVOOR. EXT.P2 REPORT OF SETTLEMENT AND LOK ADALATH AWARD IN MF.A.1042/2000. EXT.P3 COMMUNICATION DT. 20-4-2007. EXT.P4 REPRESENTATION DT. 16-7-2007. EXT.P5 PETITION DT. 28-2-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9972 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th December, 2009. J U D G M E N T The petitioner is the claimant in O.P(MV) No. 3489/1994, in which Ext. P1 award has been passed by the M.A.C.T., Perumbavoor awarding compensation to the petitioner. The petitioner filed M.F.A. No. 1042/2000 in which, through the Lok Adalath, an additional amount of Rs. 37,000/- was sanctioned which was paid to the petitioner. But, the amount covered by the original award was not paid to the petitioner by the respondent, who is the insurer of the vehicle. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “To issue a writ of mandamus or other appropriate writ or direction directing the respondent either to pay directly or deposit Rs.42,000/- + 12% interest from 27-12-1999 till realization (ie. now totaling about Rs. 96,000/-) awarded as per Ext. P1 in the MACT, Perumbavoor, within one month and to award exemplary costs.” 2. I have heard the learned Government Pleader also. 3. Today, the learned counsel for the petitioner produced for my perusal an order dated 6-10-2009 issued by the Insurance Deputy Director informing the petitioner that as soon as a certified copy of the award in O.P (MV) No. 3489/1994 is produced, the amount would be deposited in the Tribunal. According to the petitioner, the petitioner has already forwarded the certified copy of the award by registered post to the respondent on 15-10-2009. In the above circumstances, the writ petition is disposed of with a direction to the respondent to deposit the amount as promised in the W.P.C. No. 9972/09 -: 2 :- letter dated 6-10-2009, which shall form part of the records of this writ petition, within one month. Sd/- S. Siri Jagan, Judge. Tds/