IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7669 of 2009(C) ------------------------- OPMV.1438/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... PETITIONER(S): ------------------ THRESSIAMMA, AGED 46 YEARS, W/O.T.J.JOSEPH, THANGUMPALLIL HOUSE, PONGAL, P.O.KANNIVAYAL, CHERUPUZHA (VIA). BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------- NEW INDIA ASSURANCE CO.LTD., KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 7669 OF 2009 (C) ==================== Dated this the 12th day of March, 2009 J U D G M E N T Petitioner submits that by Ext.P1 award rendered by the MACT, Thalassery in OP(MV) No.1438/03, though compensation was granted and that a substantial portion of the same has been kept under deposit, she made Ext.P2 application for withdrawal of the compensation in deposit. But, however, the same is not considered for the reason that there is no presiding officer posted in the Tribunal. It is stated that presently, the Additional District Judge, Thalassery is holding charge of the MACT, Thalassery and therefore the officer in charge of the Tribunal should consider the application. 2. Having heard the counsel for the petitioner, I am inclined to think that the petitioner is perfectly justified in the submission made. 3. Therefore, the writ petition is disposed of directing that the Tribunal or the Additional District Judge, Thalassery, who is in charge of the Tribunal shall consider Ext.P2 application made by the petitioner seeking withdrawal of the compensation deposited WPC 7669/09 :2 : pursuant to Ext.P1 award in OP(MV) No.1438/03. Petitioner may produce a copy of this judgment before the Tribunal, who shall take necessary action in this regard. ANTONY DOMINIC, JUDGE Rp