IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26317 of 2008(G) -------------------------- OPMV.1476/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER: ------------ AZEEZ A.A. AGED 48 YEARS, S/O. ABDUL RAHMAN KUNJU, ANAKOTTIL, ERAMALLOOR, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- THE NEW INDIA ASSURANCE CO.LTD., T.B. ROAD, M.A.LINE, PALAGHAT, REPRESENTED BY ITS BRANCH MANAGER, M.O. WARD, MULLACKAL POST, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 26317 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 1, 2008 JUDGMENT Petitioner is aggrieved by Ext.P5 order passed by the MACT, Alappuzha in IA. 2711/2007 in OP(MV) 1476/2002. 2. In the above O.P., petitioner was the claimant. The Tribunal by Ext.P1 award disposed of the claim awarding compensation. By this award, an amount of Rs.2 lakhs was ordered to be released to the petitioner and the balance to be deposited in a nationalised bank. Accordingly the amount was paid and the balance is kept in deposit. Petitioner submits that he has lost both his legs, and in order to earn a living, he wants to start a business of his own. With that intention, he wanted to get the amount in deposit released and accordingly made Ext.P2 application before the Tribunal. Ext.P3 is the photograph of the petitioner and Ext.P4 series are the items to be purchased by him to start his business. WP(C) 26317/08 2 3. According to the learned counsel for the petitioner, for establishing the business, there is an expected capital investment of Rs.9,35,000/- and it was in order to meet this expenditure that he wanted to get the amount released. However, the Tribunal in Ext.P5 order directed release of only Rs.1.75 lakhs. It is aggrieved by Ext.P5, in so far as his request has not been fully granted, this writ petition is filed. 4. As can be seen from Ext.P1, petitioner is the only claimant. It is also evident from Ext.P3 photograph that both his legs are amputated. If such a person wants to earn a living by starting a business which he can do and needs the amount in deposit released for investment purposes, I see no reason why this genuine request should not be granted. Added to this is the fact that the Tribunal has not given any reason whatsoever for the restricted release it has ordered. I am not satisfied that the Tribunal was justified in passing Ext.P5 in the manner it has done. WP(C) 26317/08 3 Therefore the writ petition is disposed of directing that the amount sought to be released by the petitioner as per Ext.P2 will be allowed by the Tribunal on the production of a of this judgment. ANTONY DOMINIC, JUDGE mt/-