IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 OP (MACT).No. 447 of 2011(O) ---------------------------- OPMV.904/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER -------------------- MUHAMMED RAFEEQ, S/O.LATE KHADER, AFA NIVAS, KUNDATTIL HOUSE, FEROKE, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): ---------------------- * 1. P.K.SUBRAMANIAN NAIR, S/O.KUNHAN PILLA, CRESENT BUILDINGS, MEENCHANDA, KOZHIKODE. (THE NAME OF THE FIRST RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER THE ORDER DATED 24.3.2011 IN I.A.NO.4511 OF 2011) 2. NATIONAL INSURANCE COMPANY LTD., NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. BY ADV. SRI.M.A.GEORGE FOR R2 THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.(MAC) NO.447 OF 2011 EXT.P1 TREU COPY OF THE AWARD DATED 19.10.2009 IN OP (MV) 904/2004 EXT.P2 (a) TRUE COPY OF RECEIPT NO.3361 DATED 2.8.2010 ISSUED BY THE KARUVANTHIRUTHI CO-OPERATIVE BANK. EXT.P2(b) TRUE COPY OF RECEIPT NO.4251 DATED 4.10.2010 ISSUED BY THE KARUVANTHIRUTHI CO-OPERATIVE BANK EXT.P3 TRUE COPY OF THE DEMAND NOTICE DT. 13.1.2011 ISSUED BY THE KARUVANTHIRUTHI CO-OPERATIVE BANK EXT.P4 TRUE COPY OF THE CERTIFICATE DATED 17.1.2011 ISSUED BY THE KARUVANTHIRUTHI CO-OPERATIVE BANK EXT.P5 TRUE COPY OF THE PETITION I.A.NO.5156 OF 2010 IN O.P. (MV) NO.904/04 BEFORE THE PRL. MACT BY THE PETITIONER. EXT.P6 TRUE COPY OF THE ORDER DATED 23.9.2010 IN I.A.NO.5156 OF 2010 IN O.P.(MV) NO.904/2004 OF PRL. MACT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- O.P.(MAC) No.447 of 2011 ------------------------------- Dated this the 30th day of March, 2011 J U D G M E N T The petitioner is the claimant in O.P.(M.V.) No.904 of 2004 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was filed claiming the sum of Rs.5 lakhs as compensation for the injuries sustained by the petitioner, when the motor bike which he was driving collided with a stage carriage bus on 16.2.2004. In the accident, the petitioner sustained serious injuries. He was hospitalised for a period of two months in Medical College Hospital, Kozhikode where he underwent a surgery on 17.3.2004. Later, he underwent treatment as an inpatient in Baby Memorial Hospital on two occasions. It is stated that the petitioner had to spent a sum of Rs.1,16,988/- towards medical expenses. By Ext.P1 award passed on 19.10.2009, the Motor Accidents Claims Tribunal, Kozhikode granted Rs.3,47,498/- as compensation together with interest at the rate of 7% per annum from the date of petition till the date of deposit. The second respondent herein, the insurer of the offending vehicle was directed to produce two cheques for the equal amount. The Tribunal directed that one cheque shall be paid and the other shall be deposited in a nationalised bank for a period of 3 years. Pursuant to the said direction, the second respondent deposited the sum of Rs.2,13,760/- O.P.(MAC) No.447 of 2011 2 in the nationalized bank as fixed deposit. A like sum was paid over to the petitioner. Later the petitioner filed I.A.No.5156 of 2010 in O.P. (M.V.) No.904 of 2004 seeking payment of the sum of Rs.2,13,760/- lying in deposit along with the interest which had accrued on the said sum. By Ext.P6 order passed on 23.9.2010, the Tribunal dismissed the said application on the short ground that no sufficient reason is shown for the pre-mature closure of the fixed deposit. Hence this writ petition. 2. I heard Sri.A.V.M.Salahudeen, the learned counsel appearing for the petitioner and Sri.M.A.George, the learned counsel appearing for the second respondent insurer. I have also gone through the pleadings and the materials on record. Ext.P1 award passed by the Tribunal discloses that the petitioner who was then aged 21 years suffered serious injuries in the accident, that he was hospitalised for a long period and had to spent Rs.1,16,988/- towards medical expenses. In reality, the petitioner would have spent much more than that by way of incidental and allied expenses. It was taking note of this fact that the Tribunal directed payment of one half of the compensation to him directly. Later, the petitioner filed Ext.P5 application contending that his mother had to borrow heavily to meet the expenses of his treatment. It was on these grounds that the petitioner sought pre-mature closure of the deposit and payment of O.P.(MAC) No.447 of 2011 3 the balance amount of compensation. In my opinion, in the nature of the injuries sustained by the petitioner and having regard to the fact that he had to spent the sum of Rs.1,16,988/- in connection with his medical treatment and in view of the long passage of time, the Tribunal ought to have allowed the application. The petitioner has in Ext.P5 affidavit filed in support of the application stated that he is in urgent need of funds to repay the loan availed by his mother for his treatment. Exts.P3 and P4 produced by him also show that Karuvanthiruthi Co-operative Bank has taken steps against the petitioner's mother to recover the money advanced by it to her for the purpose of the petitioner's treatment. I am therefore of the considered opinion that the petitioner is entitled to the relief prayed for. I accordingly allow the writ petition, quash Ext.P6 and direct the Motor Accidents Claims Tribunal, Kozhikode to close the fixed deposit for the sum of Rs.2,13,760/- and to pay over the proceeds to the petitioner on the petitioner making an appropriate application in that regard. P.N. RAVINDRAN, JUDGE. nj.