IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21781 of 2008(R) -------------------------- OPMV.192/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... PETITIONER: ------------ K.V.THOMAS, 68 YEARS, S/O.VARKY, KOOVAKKAL HOUSE, MADAKKIMALA PO., VYTHIRI TALUK, WAYANAD DIST., REP.BY HIS DULY AUTHORISED POWER OF ATTORNEY HOLDER N.J.JINU, AGED 36 YEARS, S/O.N.D.JOSEPH NELLINIKUMTHADATHIL HOUSE, MADAKKIMALA PO VYTHIRI TALUK, WAYANAD DIST. BY ADV. SRI.P.J.ANTONY SRI.P.J.ANTONY RESPONDENTS: ------------- 1. M.N.SHANMUGAN, S/O.NEELAKANDAN, ASARIVELIPPARAMBATH HOUSE, FRANSIS ROAD PALLITHAZE, KOZHIKODE. 2. MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM R2 BY SC SHRI. K.PRABHAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.21781 OF 2008 -------------------------- Dated this the 21st July, 2008. JUDGMENT Petitioner was a claimant in O.P.(MV) 192/98 on the file of the Motor Accidents Claims Tribunal, Wayanad. It is stated that the Tribunal had passed Ext.P1 award, granting compensation and that the amount awarded has been deposited by the second respondent. According to the petitioner, due to his ill health he executed Ext.P2 power of attorney in favour of his nephew Shri. N.J. Jinu for getting the compensation released in his favour. Accordingly the power of attorney holder filed Ext.P4 application before the Tribunal for releasing payment and that application has been rejected by the Tribunal by Ext.P5 order. It is challenging Ext.P5 order this writ petition is filed. 2. A reading of Ext. P5 shows that the reason stated is not that there is anything to suspect the genuineness of the power of attorney holder, but that the power of attorney holder did not produce any evidence to substantiate the illness of the petitioner. 3. In my view such reasoning of the Tribunal cannot be WPC21781/08 2 approved. So long as the power of attorney is beyond suspicion and since the power of attorney holder only sought issue of a cheque in the name of the claimant himself, there is no reason to turn down the request for the only reason that the power of attorney holder has failed to substantiate the illness of the claimant. Accordingly Ext.P5 will stand quashed and it is directed that the application shall be reconsidered for issue of the cheque, in the name of the claimant himself. Petitioner may produce a copy of this judgment before the Tribunal for reconsideration. Writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE jj