IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 22513 of 2008(E) ------------------------------------- OPMV.367/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR OPMV.368/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: ---------------- BIJU.V.G., S/O.GEORGE, VALLATHUKARAN HOUSE, MELOOR PO., CHALAKUDY, REP. BY HIS NATURAL GUARDIAN, GEORGE, VELLATHUKARAN HOUSE MELOOR PO., CHALAKKUDY. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENTS: ------------------ 1. MANAGING DIRECTOR, KSRTC., THIRUVANANTHAPURAM. 2. ANILKUMAR, S/O.SIVARAMAN NAIR, PUTHUKULANGARA HOUSE, THIRUVANANTHAPURAM. BY SRI. K. PRABHAKARAN – SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 22513 OF 2008 ---------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT The petitioner is a person incapacitated in a motor accident represented by his father. The Motor Accident Claims Tribunal, Perumbavoor awarded an amount of Rs.8,79,000/- with interest as compensation. The KSRTC has deposited an amount of Rs.15,74,000/- towards the compensation due. The said amount has been directed to be deposited in a bank. The petitioner filed an application before the Tribunal for withdrawal of substantial portion of the said amount. By Ext.P4 order, the Tribunal allowed only withdrawal of Rs.2 lakhs. Ext.P4 order is under challenge before me. The contention of the petitioner is that for the treatment of the petitioner alone substantial amounts have been spent and amounts would be required for further treatment of the petitioner. Therefore the petitioner seeks withdrawal of Rs.10 lakhs, out of which only Rs.2 lakhs have been allowed to be withdrawn. W.P.(c)No.22513/08 2 2. Admittedly, the petitioner is an incapacitated person. The father is aged 81 years. After the time of the parents without some substantial money in his name in deposit to fall back upon, I am afraid that would not be anybody to look after the petitioner. That being so I do not think that the amount requested for by the petitioner can be released now. However, in view of the fact that substantial amounts have been spent for the petitioner's treatment, I feel that up to the amount spent for the treatment of the petitioner can be released. Accordingly, I dispose of this writ petition with a direction to the Motor Accident Claims Tribunal, Perumbavoor to allow the petitioner to withdraw that much amount from the amount in deposit as is equal to the total amount spent for the treatment of the petitioner as proved before the Tribunal. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22513/08 3