IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 18686 of 2009(E) -------------------------- OPMV.347/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER(S): --------------- SOSAMMA MATHEW @ KUNJUMOL AGED 41 YEARS, W/O.SRI.T.T.JOY, RESIDING AT THANNIKKOTTU HOUSE, VENGOOR PO,PERUMBAVOOR REPRESENTED BY THE POWER OF ATTORNEY HOLDER SRI.T.T.CHERIAN. BY ADV. SRI.ANIL S.RAJ RESPONDENTS: --------------- THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. ------------------------- W.P ( C) No.18686 of 2009 -------------------------- Dated this the 3rd November,2009 J U D G M E N T The 2nd claimant in O.P (MV) No.347/1997 before the M.A.C.T, Perumbavorr is the petitioner herein. In the Original Petition, the M.A.C.T awarded an amount of Rs.2,18,104/- as compensation to be divided between the mother and widow of the deceased in respect of whose death the compensation was awarded. The first claimant was the mother of the deceased. Out of the compensation amount, an amount of Rs.81,710/- was deposited in the name of the petitioner in Bank of India, Perumbavoor as fixed deposit as directed in the award. The petitioner, through her Power of Attorney holder, has filed a petition before the Tribunal for release of the fixed deposit on the ground that the petitioner needs the money for treatment of her mother-in-law, who is the other claimant in O.P (MV) No. 347 of 1997. The Tribunal rejected the petition on the ground that the Power of Attorney was executed 11 years back. The petitioner is challenging that order. Admittedly, the petitioner is in Kuwait and she is employed W.P ( C) No.18686 of 2009 2 there. As such the reason mentioned for release of the amount cannot be accepted as genuine. It is not, as if the petitioner does not have money to send to her mother-in- law. The fact that the power of attorney was executed 11 years ago is also a circumstance which rightly weighed with the Tribunal to reject the request. 2. Therefore, I do not find any reason to deviate from the directions of the Supreme Court in matters relating to disbursal of compensation amounts. Accordingly, the writ petition is dismissed. (S.SIRI JAGAN,JUDGE) ma W.P ( C) No.18686 of 2009 3 W.P ( C) No.18686 of 2009 4