IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 13049 of 2010(E) --------------------------------------- (O.P(MV).NO.1429/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) .................... PETITIONER: ------------------- M.KAMRAUNISA, W/O. NIZAR, ZOHARA MANZIL, NEAR MISSION COMPOUND, MOLO CHOVVA, CANNANORE-6, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN, SRI.G.KESU. RESPONDENT: ---------------------- UNITED INIDA INSURANCE CO. LTD., KANNUR. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13049/2010-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 01/07/2009 IN MACA 75/2004 IN THE HON'BLE HIGH COURT. EXT.P.2: COPY OF THE AFFIDAVIT IN I.A. 4017/09 FILED BY THE PETITIONER IN O.P.(MV). 1429/96 BEFORE MACT, THALASSERY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.13049 of 2010 ------------------------------------------- Dated this the 15th of June, 2010 JUDGMENT The petitioner is the widow of late Nizar, who died in a motor vehicle accident. As per Ext.P1 judgment, this Court found that the award passed by the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV) No.1429/1996 filed by the petitioner, her children and the father of the deceased person was inadequate and therefore, the compensation was enhanced. According to the petitioner, the compensation amount has been deposited by the respondents. The petitioner and her children have filed Ext.P2 petition before the Tribunal for withdrawing their share. Meanwhile, Mr.Abdul Salam, the father of the deceased expired. Therefore, the Motor Accidents Claims Tribunal directed the petitioner to implead the legal heirs of the deceased person. According to the petitioner, she is not on good terms with the legal heirs of late Abdul Salam and therefore, she is not in a position to implead them. It is the case of the petitioner that no orders have been wpc No.13049/2010 2 passed on Ext.P2 for the reason that the legal heirs of the deceased Abdul Salam are not impleaded. 2. I notice that late Abdul Salam was one of the petitioners in the claim petition, O.P.(MV) No.1429/1996. Therefore, on his death, it is necessary that his legal heirs are impleaded. The petitioner has to take necessary steps for impleading the legal heirs of the deceased person. The petitioner cannot wriggle out the responsibility of impleading the legal heirs of the deceased by saying that she is not on good terms with them. I find no infirmity in the action of the Motor Accidents Claims Tribunal. If the petitioner impleads the legal heirs of the deceased expeditiously, there shall be a direction for an early disposal of Ext.P2 petition. With the above observation, this Writ Petition is dismissed. K.SURENDRA MOHAN, JUDGE css/