IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 OP (MACT).No. 100 of 2010(O) --------------------------- OPMV.1060/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................. PETITIONER: ------------------- VADIVEL, S/O.THIRUVENKIDAN, 2/86, THRISNAPPALLY, TAMIL NADU. BY ADVS. SRI.GOPAKUMAR SMT.ANUPAMA JOHNY RESPONDENT : ---------------------- NATIONAL INSURANCE CO. LTD., URUMBATH BUILDING, PUMP JUNCTION, ALUVA - 683 101. BY ADV. SRI. LAL GEORGE THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP (MACT).No. 100 of 2010(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AWARD PASSED IN OP(MV) 1060/04 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR. EXT.P2 : COPY OF THE I.A. 2162/2010 IN OP (MV) 1060/04 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR. EXT.P3 : COPY OF THE ORDER PASSED IN I.A. 2162/2010 IN OP (MV) 1060/04 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- O.P.(MACT) No. 100 OF 2010 -------------------------- Dated this the 25th day of January, 2011 J U D G M E N T The petitioner was involved in a motor accident that took place on 21.5.2004. As a result of the accident, the palm of his right hand was amputated. He moved the Motor Accidents Claims Tribunal, Perumbavoor claiming compensation by filing OP(MV) No.1060 of 2004. After notice to the owner, the driver and the insurer, the Tribunal passed Ext.P1 award directing the owner, driver and the insurer to pay the sum of Rs.3,64,510/- with interest as compensation to the petitioner. The insurer was directed to produce a cheque for the award amount after giving credit to the payment made pursuant to the interim award passed under section 140 of the Motor Vehicles Act. The Tribunal also permitted the petitioner to withdraw the sum of Rs.50,000/- upon the deposit being made. As regards the balance amount, the Tribunal directed that it shall be deposited in a bank for five years and that it will be open to the petitioner to withdraw the interest accrued every month. 2. Pursuant to the award, the insurer, the respondent herein, deposited the award amount. From the said amount, the petitioner OP(MACT) No.100/2010 2 was permitted to withdraw Rs.50,000/- and the balance sum of Rs.3,88,727 was deposited in Indian Overseas Bank, Perumbavoor branch on 6.5.2009 for a period of 5 years. The said period will expire only on 6.5.2014. With a view to start a petty shop, the petitioner moved the Motor Accidents Claims Tribunal seeking payment of the sum of Rs.1,00,000/- from the amount lying in fixed deposit. By Ext.P3 order passed on 5.7.2010, the Tribunal dismissed the application holding that there are no supporting documents to prove the claim. Ext.P3 is under challenge in this writ petition. 3. I heard Sri.Gopakumar, learned counsel appearing for the petitioner and Sri. Lal George, learned counsel appearing for the respondent. It is evident from Ext.P1 award that as a result of the accident, the palm of the right hand of the petitioner was amputated. The petitioner is thus prevented from doing any work to earn his livelihood. It was in such circumstances that he moved the Tribunal seeking payment of the sum of Rs.1,00,000/- from the amount lying in deposit in order to enable him to start a petty shop near his residence. In the nature of the injury sustained by the petitioner and in view of the fact that he is not in a position to do any manual labour to earn his livelihood, the Tribunal should have granted the request at OP(MACT) No.100/2010 3 least in part. Though the petitioner has claimed payment of the sum of Rs.1,00,000/-, he has not produced any material to show that to start a petty shop an investment of Rs.1,00,000/- is necessary. I am therefore constrained to hold that the petitioner is not entitled to payment of the sum of Rs.1,00,000/-. In my opinion, on a modest estimate the petitioner can start a petty shop with an investment of Rs.50,000/-. I accordingly allow the writ petition, quash Ext.P3 and allow I.A. No.2162 of 2010 in part by permitting the petitioner to withdraw the sum of Rs.50,000/- from the amounts lying in deposit. The Tribunal shall on the petitioner moving an appropriate application, issue a cheque for the said amount after notice to the insurer. P.N.RAVINDRAN, (JUDGE) vps OP(MACT) No.100/2010 4 OP(MACT) No.100/2010 5