IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16432 of 2009(Y) -------------------------- PETITIONER(S): --------------- PALAPATTI MOHAMMED S/O KOMU AGED 60 YEARS, ARANAYIL HOUSE, PALLIKAL, CHETTIYARMAD, MALAPPURAM BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- M/S UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, WHILE LINES, KALLAL ROAD, KOZHIKODE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16432/2009 -------------------- Dated this the 16th day of June, 2009 JUDGMENT Petitioner an injured in a motor vehicle accident filed O.P (MV).No.292/2007 before the Motor Accident Claims Tribunal, 'Tirur'. The matter was referred to the Adalat and the claim was settled for an amount of Rs.70,000/-. Half the amount was disbursed to the petitioner and the remaining amount was directed to be deposited in the Bank as fixed deposit. Petitioner then moved an application, I.A.353/2009, for release of the amount. Two reasons were cited by the petitioner in the application. It is firstly contended that he has incurred expenses in connection with his treatment. Secondly, he has borrowed some amount from one Antony. He has been unable to repay the same. Tribunal found that no materials have been placed on record in support of his contentions regarding amounts being required for his medical treatment. Nor is there any material produced to show that any amount is liable to be repaid. Hence the application was dismissed as per Ext.P3, which is under challenge in the writ petition. W.P.(C).16432/2009 2 2. Since the prayer made by the petitioner is only for release of the amount which is already lying in deposit, it is not necessary to issue notice to the respondent. 3. I heard learned counsel for the petitioner and I have perused the records. The claim was settled before the Lok Adalat. Petitioner is aged 60. The deposit was made sometime in August 2008. Taking note of the quantum of the amount awarded and the age of the petitioner, it is appropriate that the matter be reconsidered by the MACT, after giving the petitioner an opportunity of substantiating the reasons which he has put forward. Accordingly, Ext.P3 is set aside. The matter is remitted back to the MACT. Tribunal shall pass orders within two months from the date of receipt of a copy of this judgment along with the copy of the writ petition, after hearing the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs