IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24100 of 2008(R) -------------------------- OPMV.1193/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER: PETITIONER ---------------------- KUNJUAN, AGED 87 YEARS S/O. AYYAPPAN, PUTHUVANKUDI VEEDU, POTHANIKADU KARA, POTHANIKADU VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.M.B.SANDEEP SRI.TIGINS GEORGE RESPONDENTS: RESPONDENT ----------------------- THE NATIONAL INSURANCE COMPANY CO.LTD., THODUPUZHA BRANCH, THODUPUZHA, IDUKKI DISTRICT BY ADV. MATHEWS P JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.24100/2008 ----------------------------------------------------------- Dated this the 14th day of August, 2008 JUDGMENT Challenge in this writ petition is against the order dated 3rd March, 2008 passed by the MACT, Muvattupuzha in O.P (MV).No.1193/2003. The petitioner was a claimant in that case and the compensation awarded is now in deposit. Seeking release of the amount he filed an application dated 20.2.2008. 2. A reading of the order referred to above shows that the petitioner was brought before the Tribunal in an autorickshaw and that he was not in a position even to answer the questions put by the Tribunal. It was in those circumstances the Tribunal held that, as he could not give rational answers, the cheque could not be issued to him. In view of these facts, I am not in a position to hold that the WP(C).No.24100/2008 2 Tribunal committed any error in any manner. 3. However, the learned counsel for the petitioner submits that since the petitioner was brought from the hospital he was not in a position to answer the questions rationally. Taking into account the submissions made as above and also considering the fact that the petitioner is an 84 years old person, I direct that the petitioner shall be free to appear before the Tribunal on any one of the working days and if he is able to satisfy the Tribunal that he is in a position to understand the questions and answer them rationally, the tribunal shall reconsider the matter and pass appropriate orders. ANTONY DOMINIC JUDGE vi. WP(C).No.24100/2008 3