IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 W.P(C).No. 20715 of 2008(N) ---------------------------------------- OPMV.1455/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ........................................... PETITIONERS: ------------------ 1. PRAMEELA, AGED 51 YEARS, W/O. LATE PREMAN. P.V., KARALIPARAMBU HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK 2. PRASIL, S/O. LATE PREMAN P.V. KARALIPARAMBU HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK 3. PREESHITH, S/O. LATE PREMAN P.V. KARALIPARAMBU HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT: ------------------ UNITED INDIA INSURANCE COMPANY LTD., CITY BRANCH OFFICE, SEEMA TOWER, BANK ROAD, MAVOOR ROAD JUNCTION, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 20715 OF 2008 (N) = = = = = = = = = = = = = = = Dated this the 10th day of July 2008 J U D G M E N T The 1st petitioner's deceased husband and father of petitioners 2 and 3 was a claimant in O.P.(MV) No. 1455/98 on the file of MACT (Principal), Kozhikode. The Tribunal passed Ext. P1 award, granting compensation for the injury he suffered and it was directed that except Rs.25,000/-, the balance compensation awarded will be deposited in Fixed Deposit for a period of 3 years. Counsel for the petitioners submit that the claimant had filed an application before the Tribunal and got a total amount of Rs.6 lakhs released. Seeking release of the balance amount, the claimant thereafter filed Ext. P2 application and that was rejected by the Tribunal by Ext. P3 order. It is stated that soon after Ext. P3 was passed, the claimant who was suffering from various ailments died on 8.5.2008 and Ext. P4 is the death certificate. It is stated that on account of the continued treatment of the deceased, the family had incurred several liabilities and therefore it is necessary that the balance amount also should be W.P.(C) No. 20715 OF 2008 - 2 - released. 2. However, a reading of Ext. P3 shows that even though the serious ailments of the deceased were projected before the Tribunal, the Tribunal has not given a proper consideration to those contentions. On the other hand, the Tribunal doubted the bonafides not only of the claimant but only the lawyer and passed Ext. P3. On an overall appreciation of the grounds urged in the writ petition and the findings entered by the Tribunal, I am not in a position to sustain the impugned order. 3. Therefore, Ext. P3 is quashed. It is directed that it will be open to the petitioners to make an appropriate application before the Tribunal in which case, the Tribunal shall pass expeditious orders allowing the same. Orders on such application will be passed as expeditiously as possible, at any rate within 4 weeks of filing the application. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-