IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 29214 of 2008(C) --------------------------------------- [O.P(MV).NO.1349/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM] .................... PETITIONER: ------------------- GOPI, S/O. LATE KASUMAYANDI, AGED 36 YEARS, THIRUTHUMPADAM HOUSE, POTHUNDY DAM P.O., NEMMARA (VIA), PALAKKAD. BY ADVS. SRI.K.S.DILIP, SRI.SAJU N.A, SMT.P.J.FLONY, SMT.UMA S.KRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, ALUVA. 3. THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PANAMPILLY NAGAR, ERNAKULAM. R1 & R3 BY GOVT. PLEADER G. GOPAKUMAR, R2 BY ADV. SRI.LAL GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No.29214 OF 2008 -------------------------- Dated this the 16th day of November, 2011 J U D G M E N T The petitioner is the second claimant in O.P.(MV) 1349 of 1997 on the file of the Motor Accidents Claims Tribunal, Ernakulam. This writ petition is filed for an order directing the respondents herein to ensure that the compensation awarded by the Motor Accidents Claims Tribunal is recovered and disbursed at the earliest. 2. When the writ petition came up for admission hearing on 31.3.2009, Sri.Lal George, learned standing counsel for the second respondent submitted that the compensation awarded by the Motor Accidents Claims Tribunal was deposited in full as early as on 22.4.2003. However taking note of the fact that the claimant had filed Ext.P1 petition for execution of the award, this Court directed the respondents to file a statement. The second respondent has accordingly filed a statement dated 18.5.2009. In paragraph 2 thereof it is stated that the entire amount of compensation was remitted as per 10 different cheques dated 22.4.2003 drawn in the names of the claimants and that out of the 10 cheques, 2 cheques were drawn in the name of the WPC No.29214/2008 2 claimant Mrs.Janaki. It is stated that pursuant to the remittance made by the insurer, the Motor Accidents Claims Tribunal ordered deposit of the amount in Union Bank of India, Marine Drive Branch, Ernakulam. The second respondent has also produced along with the statement photostat copies of the reinvestment certificates dated 25.9.2005. In the light of the stand taken by the second respondent in the statement dated 18.5.2009, no further orders are called for in this writ petition. It is accordingly closed as infructuous. P.N.RAVINDRAN, (JUDGE) vps WPC No.29214/2008 3