IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 OP (MACT).No. 1335 of 2010(O) ----------------------------- OPMV.765/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONERS: ----------------- 1. SATHIDEVI, W/O.LATE BALACHANDRAN, AGED 48 YEARS, MADAMPILLIL HOUSE, VALAYANCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 2. VEENA P.B., D/O.LATE BALACHANDRAN, AGED 26 YEARS, MADAMPILLIL HOUSE, VALAYANCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT BY ADV. SRI.K.SUNILKUMAR RESPONDENT: --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM 696001. GOVERNMENT PLEADER SMT.ANEY PAUL THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX TO O.P.(MAC) NO.1335 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SALE DEED NO.1448/2008 REGISTERED WITH THE S.R.O PERUMBAVOOR. EXT.P2 (SERIES): TRUE COPIES OF THE RENT AGREEMENT DATED 20/02/2008 AND 24/06/2010 ENTERED INTO BETWEEN THE SON OF THE 1ST PETITIONER NAMELY PRASANTH P.B AND RAMESH KUMAR.K. EXT.P3 (SERIES): TRUE COPY OF THE INTERIM APPLICATIONS, I.A.NO.2125/2010 AND I.A.NO.2126/2010 IN O.P.(MV)NO.765/2004 FILED BEFORE THE COURT OF THE MACT, PERUMBAVOOR. EXT.P4(SERIES): TRUE COPY OF THE ORDER DATED 01/10/2010 IN I.A.NO.2125/2010 AND I.A.NO.2126/2010 IN O.P.(MV) NO.765/2004 PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR. // True Copy// PA to Judge P.S.GOPINATHAN, J * * * * * * * * * * * * * * O.P.(MAC) No.1335 of 2010 ---------------------------------------- Dated this the 16th day of September 2011 J U D G M E N T This petition is filed under Article 227 of the Constitution of India seeking an order to quash Ext.P4 series order issued by the Motor Accident Claims Tribunal, Perumbavoor. In pursuance to the award passed by the tribunal, compensation amounts due to the petitioners are in deposit. They filed petition before the tribunal seeking order to release the compensation amount in deposit to enable them to purchase a residential property. The tribunal, by Ext.P4 series dismissed the petitions stating that no supporting document was produced. Assailing the legality of the above order, this petition was filed. 2. Now, copy of the agreement for sale is produced along with this petition. Had the document now produced were produced before the Tribunal, the order impugned would have been different. Therefore, I find that it is a matter to be considered by the Tribunal. In the above circumstances, this O.P.(MAC)No.1335/2010 2 petition is dismissed with liberty to the petitioners to apply afresh before the Tribunal with the original document, copy of which is produced before this Court. The tribunal shall consider the petition and dispose it on merits, if any, filed by the petitioners without being trammeled by the observations in Ext.P4 series orders. (P.S.GOPINATHAN, JUDGE) jsr O.P.(MAC)No.1335/2010 3 O.P.(MAC)No.1335/2010 4 O.P.(MAC)No.1335/2010 5 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 O.P.(MAC)No.1335/2010 6 O.P.(MAC)No.1335/2010 7