IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4860 of 2009(C) ------------------------- OPMV.1509/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER(S): --------------- CHERIYAN, AGED 57 YEARS, S/O. YOHANNAN, PALLUPETTA HOUSE CHELAMATTOM VILLAGE, VALLAM KARA. BY ADV. SRI.T.K.SAJEEV RESPONDENT(S): --------------- 1. SAJIMON.G., ARALIL HOUSE KARUMALOOR VILLAGE, VELIYATHUNAD KARA. 2. RAMACHANDRAN PILLAI MOHANKUMAR AGENCIES, K.A.P COMMERCIAL CENTRE R.S. ROAD, ALUVA. 3. THE UNITED INDIA INSURANCE CO.LTD ALUVA. 4. THE UNITED INDIA INSURANCE CO.LTD PERUMBAVOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.4860 OF 2009 ------------------------ Dated this the 13th day of February, 2009. JUDGMENT Petitioner was a claimant in O.P(MV) No.1509/01 which was disposed of by the MACT, Perumbavoor awarding compensation. However, a portion of the award amount was deposited as directed by the Tribunal. While the amount is thus in deposit, the petitioner filed Ext.P2 I.A.No.3560/08, seeking permission to withdraw the fixed deposit amount of Rs.1,22,244/-. The application is dated 27th June 2008 and the necessity pointed out was the marriage of his daughter which was scheduled on 14th July, 2008. However, the Tribunal passed Ext.P3 order rejecting the application on the ground that as the marriage of the petitioner's daughter is over, the need pointed out in Ext.P2 no longer subsists. It is challenging Ext.P3 that this writ petition is filed. WP(c).No.4860/2009 /2/ Ext.P3 order was passed by the Tribunal way back on 22nd July, 2008. If as stated by the petitioner he had any dire necessity, he should have challenged Ext.P3 within a reasonable time of passing the order. Since the petitioner has chosen to file this writ petition only now, I am inclined to think that the Tribunal was justified in concluding against the petitioner in Ext.P3. Be that as it may, I direct that if the petitioner has any other pressing need, it will be open to him to file a fresh application to the Tribunal, in which case the Tribunal shall consider and pass orders thereon, untrammelled by Ext.P3. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.4860/2009 /2/