IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 8163 of 2009(M) ------------------------------------- OPMV.900/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... PETITIONER: ---------------------- SAINULABDEEN, S/O.MOHAMMEDALI, MANGALASSERI VEEDU, NEAR 18TH MILE STONE, IDAKKODU, IDAKKODU VILLAGE. BY ADV. SRI.M.DINESH RESPONDENTS : ------------------------- 1. JOHN.K.J., S/O.JOHN JOHN, KANDAMUNDAN PUTHENPURAYIL, PULIKKUTTISSERY P.O., PULIKUTTISSERI, KOTTAYAM, (REGISTERED OWNER OF KL.05.U.3712). 2. THE MANAGER (LEGAL), ICICI LOMBARD GIC LTD., 5TH FLOOR, KANNANKARY ESTATE, SHANMUGHAM ROAD, MARINE DRIVE, COCHIN-31. (INSURER OF KL.05.U.3712 CAR, POLICY NO.3001/50072777/00/000, VALID FROM 25.08.2006 TO 24.08.2007). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 8163 of 2009 ------------------------------------ Dated this the 13th day of March, 2009 JUDGMENT Challenge in this writ petition is against Exhibit P5, an order passed by the MACT, Attingal in I. A No.5682/2008 in OP(MV) No.900/2007. 2. Petitioner was the claimant in the above OP(MV). By Exhibit P3, award was passed. By this award, Rs.3,50,000/- was awarded, out of which Rs.1,50,000/- was ordered to be kept in fixed deposit. Of the balance Rs.2,00,000/-, after recovering Rs.2,500/- being the court fee, Rs.1,97,500/- was released to the petitioner. Petitioner submits that towards medical expenses, he had incurred Rs.2,88,000/-. It is stated in order to repay borrowings in this behalf he made Exhibit P4, I.A. No. 5682/2008 before the Tribunal, seeking release of the amount in deposit. That I.A was dismissed by Exhibit P5. It is challenging Exhibit P5, this writ petition has been filed. 3. As stated above, it was only to repay liability incurred towards his treatment expenses, that the petitioner sought to withdraw the balance award amount in deposit. In my view, it is W.P.(C) No. 8163 /2009 2 a genuine reason and there is absolutely no ground for denying this prayer, particularly in the absence of any finding that the reason stated by the petitioner is incorrect. I cannot uphold the view taken by the Tribunal in Exhibit P5 and therefore said order is set aside. Tribunal is directed to allow the petitioner to withdraw the amount as prayed for in Exhibit P5, on the production of copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm