IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 OP (MACT).No. 667 of 2011(O) ------------------------------------------- [OP(MV).NO.136/2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA] .................... PETITIONER: ------------------- EASWARAPRASAD, AGED 24, S/O.SADANANDAN, LALITHA SADAN, AMMAN KOVIL ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.K.RAMACHANDRAN, SRI.S.SREEDEV. RESPONDENTS: ------------------------ 1. DEEPAK M.PRADEEP, S/O.PRADEEP KUMAR, SANTHI NIVAS, PERUMPADAPPU, PALLURUTHI.P.O. COCHIN-682 006. 2. UNITED INDIA INSURANCE COMPANY, BRANCH OFFICE AT SARANYA, HOSPITAL ROAD, ERNAKULAM-682 011. R2 BY ADV. SRI.A.A.MOHAMED NAZEER. THIS OP (MACT) HAVING COME BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(MAC).NO.667/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT MEMO FILED BY THE PETITIONER AND RESPONDENTS IN O.P.(MV).136/2010 BEFORE THE M.A.C.T., MUVATTUPUZHA DTD. 29/09/2010. EXT.P.2: COPY OF THE AFFIDAVIT AND PETITION IN I.A. 29/2011 IN O.P.(M.V).136/2010 FILED BY THE PETITIONER BEFORE THE M.A.C.T. MUVATTUPUZHA DTD. 05/01/2011. EXT.P.3: COPY OF THE ORDER OF THE M.A.C.T., MUVATTUPUZHA IN I.A. 29/2011 IN O.P. (M.V).136/2010 DTD. 12/01/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- O.P.(MAC) No.667 of 2011 ------------------------------- Dated this the 21st day of February, 2011 J U D G M E N T The petitioner is the claimant in O.P.(M.V.) No.136 of 2010 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. In the said claim petition, he claimed the sum of Rs.6 lakhs as compensation. The claim petition was settled out of out in the Lok Adalath held on 29.9.2010, as per Ext.P1 award for the sum of Rs.4 lakhs. The second respondent herein deposited the sum of Rs.4 lakhs in the Motor Accidents Claims Tribunal, Muvattupuzha on 6.11.2010. The petitioner thereafter moved the Tribunal by filing I.A.No.2911 of 2011 for payment of the sum of Rs.3,95,627/- the amount available for disbursal. In the said application, he contended that he had spent the sum of Rs.3.25 lakhs towards medical treatment that he had also pursued his studies after availing a loan of Rs.1 lakh and therefore the entire amount may be disbursed. By the impugned order, a copy of which is Ext.P3, the Tribunal allowed the release of the sum of Rs.1,50,000/- to the petitioner. Hence this writ petition challenging Ext.P3 to the extent it denies payment of the entire amount deposited by the insurer. O.P.(MAC) 667 OF 2011 2 2. I heard Sri.S.Sreedev, the learned counsel appearing for the petitioner and Sri.A.A.Mohamed Nazeer, the learned standing counsel appearing for the second respondent. I have also gone through the materials on record. A mere look at Ext.P1 memorandum of settlement discloses that the petitioner had incurred an expenditure of Rs.3,11,500/- towards his treatment. The claim petition was settled on payment of Rs.4 lakhs. In such circumstances, as the petitioner has already expended the sum of Rs.3,11,500/- towards medical expenses, I am of the opinion that the Tribunal ought to have allowed the application and directed payment of the entire amount of Rs.3,95,627/- as applied for by the petitioner. I accordingly allow the writ petition, quash Ext.P3 and allow I.A.No.2911 of 2011 in O.P.(M.V.) No.136 of 2010 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. The Tribunal shall issue a cheque for the sum of Rs.3,95,627/- to the petitioner within one week from the date on which the petitioner produces a copy of this judgment before the Tribunal. P.N. RAVINDRAN, JUDGE. nj.