IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 OP (MACT).No. 2610 of 2011(O) ----------------------------- OPMV.341/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... PETITIONER ------------------------------ SAJI.V.MATHEW, S/O. MATHEW, VELLIMANNIL HOUSE, CHAMPAKKARA.P.O., KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): --------------- THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., CHANGANACHERRY, KOTTAYAM. THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(MAC)No.2610/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. EXT.P1. COPY OF THE JUDGMENT DATED 23.12.2009 IN M.A.C.A.NO.2382 OF 2007 EXT.P2. COPY OF THE EXECUTION PETITION EXT.P3. COPY OF THE I.A.NO.2382 OF 2010 EXT.P4. COPY OF THE ORDER IN I.A.NO.2382 OF 2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- O.P(MAC).No.2610 of 2011 ----------------------------------------- Dated this the 11th August, 2011 JUDGMENT The petitioner is the claimant in O.P(MV)No.341 of 1999 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. By award passed on 4.6.2007 the Motor Accidents Claims Tribunal awarded the sum of Rs.3,81,500/- as compensation to the petitioner and directed the owner of the vehicle involved in the accident to deposit the said amount together with interest at 9% per annum from 25.3.1999 till the date of deposit. The Tribunal also directed that out of the amount of compensation deposited, the sum of Rs.2,00,000/- shall be paid to the petitioner and the balance amount shall be deposited in his name for a period of three years in a nationalised bank. The petitioner carried the matter in appeal by filing M.A.C.A.No.2382 of 2007. The appeal was confined to the decision of the Tribunal exonerating the insurer from liability. By Ext.P1 judgment delivered on 23.12.2009, a Division Bench of this Court allowed the appeal and held the insurer liable. This Court accordingly directed the insurer O.P(MAC).No.2610 of 2011 -:2:- to deposit the entire amount awarded as compensation within two months from the date of receipt of the judgment. This Court also observed that as and when the deposit is made, the petitioner will be at liberty to approach the Tribunal seeking disbursement of compensation. The insurer thereupon deposited the amount of compensation awarded by the Tribunal. The petitioner thereafter filed I.A.No.2382 of 2010 in O.P(MV) No.341 of 1999 for an order directing the Tribunal to permit him to withdraw the sum of Rs.5,13,729/- from the amount deposited by the insurer. By Ext.P4 order passed on 22.7.2010, after examining the petitioner, the Tribunal permitted him to withdraw the sum of Rs.3,00,000/-. This writ petition is filed for an order directing the Motor Accidents Claims Tribunal, Pathanamthitta to release the entire balance amount lying in deposit. 2. Ext.P4 order was passed on 22.7.2010 on an application filed by the petitioner for an order permitting him to withdraw the sum of Rs.5,13,729/-. By Ext.P4 order the Motor Accidents Claims Tribunal permitted only withdrawal of the sum of Rs.3,00,000/-. The petitioner does not challenge Ext.P4 order in this proceedings. The only relief sought is an order directing the Motor Accidents Claims Tribunal to release the entire balance amount lying in deposit. More than one year has passed after O.P(MAC).No.2610 of 2011 -:3:- Ext.P4 order was passed. Such being the situation I am of the opinion that he should move the Motor Accidents Claims Tribunal seeking payment of the balance amount lying in deposit. It is for the Motor Accidents Claims Tribunal to consider in the first instance as to whether having regard to the case set out by the petitioner, the balance amount or any portion thereof lying in deposit should be released to him or whether it should remain in fixed deposit for the full term of three years. I am therefore, of the opinion that no relief can be granted in the instant writ petition. I accordingly dispose of the writ petition with a direction that in the event of the petitioner moving the Motor Accidents Claims Tribunal for payment of the amount lying in deposit by filing an appropriate application, the Motor Accidents Claims Tribunal shall consider the same and pass appropriate orders thereon expeditiously and in any event within one month from the date on which such an application is filed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P(MAC).No.2610 of 2011 ---------------------------- JUDGMENT 11th August, 2011