IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 W.P(C).No. 8309 of 2009(G) -------------------------------- PETITIONER: --------------- P.R.SARASU, W/O.LATE RAMAKRISHNAN, RAMVEETTIL, PALLISSERY VILLAGE, ANNAMANADA DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENT: --------------- THE NATIONAL INSURANCE CO. LTD., REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8309 OF 2009 (G) ===================== Dated this the 25th day of March, 2009 J U D G M E N T Petitioner is aggrieved by Ext.P3 order passed by the MACT, Ernakulam in EA 7338/08 in EP No.276/07 in OP(MV) No.789/2000. Ext.P1 is the award passed by the MACT in the aforesaid OP granting compensation to the claimants therein. 2. In so far as the petitioner herein is concerned, she being the wife of the deceased, was allowed Rs.7.32 lakhs, out of which, Rs. 2 lakhs was ordered to be released. Referring to Ext.P4 produced along with IA 4246/09, petitioner submits that she is a cancer patient undergoing treatment at the Regional Cancer Centre, Thiruvananthapuram. It is stated that to meet her treatment expenses and also to discharge the liability that she incurred for treatment purposes, she needs the amount in deposit to be released. Accordingly, petitioner filed EA 7338/08, a copy of which is Ext.P2. In that EA, the Tribunal passed Ext.P3 order ordering release of Rs.2 lakhs. The Tribunal also held that the affidavit is a reproduction of an earlier one and that the claim was not supported by any evidence. WPC 8309/09 :2 : 3. Since the petitioner is actually a cancer patient as is seen from Ext.P4, her prayer that she needs money for meeting the treatment expenses and to discharge the liability that she has incurred cannot be said to be lacking in bonafides, provided the petitioner is able to substantiate the same. Since by Ext.P3, Rs.2 lakhs has already been ordered to be released in order to meet the urgent requirements of the petitioner, it is directed that if the petitioner has any further need for money, it will be open to the petitioner to approach the Tribunal, producing material in support of such claim. If the petitioner makes such an application in this behalf, the Tribunal shall consider the same untramelled by the observations in Ext.P3 and pass necessary orders. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp