IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 OP (MACT).No. 1417 of 2011(O) -------------------------------------- OPMV.3120/2004 of MOTOR ACCIDENT CLAIM TRIBUNAL, THRISSUR .................... PETITIONERS ---------------- 1. T.M.THANKAMANI, AGED 54 YEARS, W/O. KUPPATH NARAYANAN, KUTTOOR VILLAGE,DESOM, THRISSUR TALUK, THRISSUR DISTRICT. 2. K.N.BHADRA, AGED 24 YEARS, D/O. KUPPATH NARAYANAN, KUTTOOR VILLAGE, DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): -------------------- THE NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, P.B.NO.811, NEAR ARAYIDATHPALAM, MAVOOR ROAD, CALICUT-675004. R1 BY ADV. SRI.E.M.JOSEPH THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 1417/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMON AWARD DATED 31/05/2010 IN OP(MV) NO.3120/2004 OF M.A.C.T., TRIBUNAL. P2: COPY OF I.A. NO.9822/2010 FILED BY THE 1ST PETITIONER BEFORE THE MACT., THRISSUR. P3: COPY OF I.A. NO.9823/2010 FILED BY THE 2ND PETITIONER BEFORE THE MACT., THRISSUR. P4: COPY OF THE COMMON ORDER DATED 05/02/2011 PASSED BY THE LEARNED TRIBUNAL IN I.A. NO.9822/2010 AND 9823/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ---------------------------------------------- OP(MAC) No.1417 of 2011 ----------------------------------------------- Dated this the 17th day of November, 2011 JUDGMENT The petitioners are claimants 2 and 3 in OP(MV) No.3120 of 2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. The second petitioner is the daughter of the first petitioner. They along with Sri. K.V.Narayanan, husband of the first petitioner and father of the second petitioner filed the said claim petition seeking payment of the sum of Rs.9,00,000/- as compensation from the owner, driver and insurer of a goods vehicle which was involved in an accident leading to the death of Soolapani, son of the first petitioner and brother of the second petitioner. By Ext P1 award passed on 31.5.2010, the Motor Accidents Claims Tribunal awarded the sum of Rs.2,36,200/- as compensation and directed the insurer to deposit the award amount. Each of the claimants were held entitled to receive the sum of Rs.25,000/- and the balance payable was directed to be deposited in a Nationalised Bank for three years. 2. Pursuant to the said award each of the claimants were paid the sum of Rs.25,000/-. The balance amount payable to WP(C)No. 1417 of 2011 -2- each of them was deposited in State Bank of Travancore, Ayyanthole branch in fixed deposit for a period of three years. All the thee claimants including the petitioner filed separate applications seeking premature release of the amounts lying in deposit contending that they need the sum of Rs.4,00,000/- to settle the claim of a contractor engaged by them to put up a residential building. The Motor Accidents Claims Tribunal allowed the application filed by the first claimant namely the father of the deceased and directed release of the sum of Rs.67,093/-. The applications filed by the petitioners were dismissed on the ground that they have not produced any evidence to prove their indebtedness. Hence this original petition challenging Ext.P4 order seeking a direction to the Motor Accidents Claims Tribunal to release the balance amount lying in deposit. 3. I heard Sri.C.A.Chacko, learned counsel appearing for the petitioner and Sri.T.Rajesh, learned standing counsel appearing for the respondent. The claimants had in the affidavits filed in support of their application stated that they are liable to pay the sum of Rs.4,00,000/- to Sri.Nandanan, the contractor WP(C)No. 1417 of 2011 -3- engaged by them to put up the residential building and the first claimant is liable to pay the sum of Rs. 55,000/- to repay a gold loan availed by him from Thirur Service Co-operative Bank and therefore the amounts lying in deposit may be released to them. By the order impugned, the Motor Accidents Claims Tribunal held that none of the claimants have proved the case set out by them that they are liable to pay the sum of Rs.4,00,000/- to Sri.Nandanan, the contractor, but allowed the application filed by the father of the deceased on the ground that the documents produced by him to prove his liability to the Thirur Service Co- operative Bank. A Division Bench of this Court has in Saramma v. MACT (1993 (3) KLT 624) held that shelter is a basic requirement of human beings and therefore the Motor Accidents Claims Tribunals can direct premature release of the money lying in deposit for the purpose of constructing a residential building. In the light of the binding decision of the Division Bench of this Court, I am of the opinion that in the absence of any contra evidence, the Motor Accidents Claims Tribunal should have allowed the application made by the petitioners. I accordingly WP(C)No. 1417 of 2011 -4- allow the Original Petition, set aside Ext.P4 to the extent it dismisses I.A. Nos. 9822 of 2010 and 9823 of 2010 and direct the Motor Accidents Claims Tribunal, Thrissur to release the amounts lying in fixed deposit to the petitioners herein, on the petitioners moving an appropriate application in that regard. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.