IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 28501 of 2010(K) --------------------------------------- [O.P(MV).NO.430/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY] .................... PETITIONERS: --------------------- 1. MANU MATHEW PARAMBATE, AGED 21 YEARS, S/O.MATHEW, RESIDING AT MARIN,K.P.ROAD, PALLIKKUNNU, KANNUR-4 2. RINU MATHEW PARAMBATE, D/O.MATHEW, AGED 18 YEARS, RESIDING AT MARIN, K.P.ROAD, PALLIKKUNNU, KANNUR -4. BY ADV. SRI.RAJIT. RESPONDENT: ---------------------- NATIONAL INSURANCE COMPANY LIMITED, KANNUR DIVISIONAL OFFICE,P.B.NO.40,BANK ROAD, KANNUR-670 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.28501 OF 2010 -------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The petitioners are the legal heirs of one Sri.P.J Mathew who died in a motor accident on 17.10.1997. His widow, children and the parents filed O.P(MV).No.430/1998 before the Motor Accidents Claims Tribunal, Thalassery. An award has been passed in the said claim petition on 22.1.2004. As per the same, the third respondent, Insurance Company was directed to pay the claimants therein a sum of Rs.4,00,000/- as compensation with 9% interest with proportionate cost. Dissatisfied with the amount awarded, the claimants therein filed M.A.C.A 1126/2004 before this Court. The said appeal was allowed as per Ext.P1 judgment. The operative portion of Ext.P1 judgment reads thus: “We accordingly modify the award by increasing compensation for loss of dependency from Rs.3,60,000/- to 10,80,000/-. The Insurance Company is directed to deposit additional compensation with interest at 7.5% p.a from the date of application till date of deposit. We direct the MACT to apportion the amount among the legal heirs and order deposit of the portion payable to the children on long term basis in the District or Sub-Treasury so that they get monthly income for their studies and other needs.” 2. In the meanwhile, the widow who was the first claimant has passed away. Subsequently, the petitioners who are the children of the W.P.(C) NO.28501/2010 2 said deceased P.J Mathew, along with his the parents filed Ext.P3 application before the MACT, Thalassery for compliance with the directions in Ext.P1 judgment and to deposit the portion of the amount payable to the petitioners with the District Sub-Treasury to enable them to get monthly income for their studies and other needs. The petitioners are aggrieved by the delay in the matter of disposal of Ext.P3 petition. It is in the said circumstances that this Writ Petition has been filed 3. In view of the fact that Ext.P3 application has been filed before the MACT, Thalassery in tune with the directions issued in Ext.P1 judgment and considering the fact that the said directions were issued after hearing the respondents as well, I am of the view that there is no need to issue notice to the respondents at this stage. Accordingly, this Writ petition is disposed of with a direction to the MACT, Thalassery to consider Ext.P3 application and pass orders thereon in terms of the directions in Ext.P1 judgment expeditiously, at any rate, within a period of three weeks from the date of production of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.28501/2010 3 C.T. RAVIKUMAR, J. JUDGMENT W.P.(C) NO.28501/2010 4 September, 2010