IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 OP (MACT).No. 1852 of 2011(O) ----------------------------- OPMV.1895/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... PETITIONER ------------------------------ 1. P.NADEERA, W/O.LATE ABDUL SAMAD AGED 42 YEARS,PULIMOOTTIL VEEDU, KALARIMURIYIL,PANMANA VILLAGE, NOW RESIDING AT A.A.NIVAS,PODA NORTH,KARUNAGAPPALLY KOLLAM 2. ANSAR,S/O.LATE ABDUL SAMAD, AGED 19 YEARS,PULIMOOTTIL VEEDU,KALARIMURIYIL, PANMANA VILLAGE, NOW RESIDING AT A.A.NIVAS,PODA NORTH,KARUNAGAPPALLY KOLLAM BY ADV. SRI.P.V.VENUGOPAL RESPONDENT(S): --------------- STAE BANK OF TRAVANCORE, REP.BY ITS BRANCH MANAGER, CIVIL STATION BRANCH KOLLAM, ADV. SRI.R.S.KALKURA FOR R1 THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(MAC)No.1852/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF AWARD IN O.P(MV)NO.1895/1993 DATED 20.7.2000 EXT.P2. TRUE COPY OF STATEMENT F.D.R. A/C. 67094067366 AT SBT CIVIL STATION BRANCH KOLLAM WITH 6.25% INTEREST AS ON 16.2.2011 EXT.P3. TRUE COPY OF AFFIDAVIT AND PETITION DATED 8.10.2010 IN OM(MV) NO.1895/93 PENDING BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM EXT.P4. TRUE COPY OF S.S.L.C. BOOK / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- O.P(MAC).No.1852 of 2011 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT This writ petition is filed by the claimants in O.P(MV) No.1895 of 1993 on the file of the Motor Accidents Claims Tribunal, Kollam for an order directing release of the money lying in fixed deposit to the second petitioner. It is stated in the writ petition that though an application was filed before the Motor Accidents Claims Tribunal it was not entertained for the reason that the case records in O.P(MV)No.1895 of 1993 were found missing. On noticing the said averment, by order passed on 13.6.2011, I directed the registry to call for a report from the Motor Accidents Claims Tribunal, Kollam. The Motor Accidents Claims Tribunal, Kollam has accordingly submitted a report dated 18.6.2011 and it is appended to the files. It is stated inter alia in the report that the application filed by the petitioners for payment stands posted to 21.6.2011 for consideration and that though the files relating to O.P(MV)No.1895 of 1993 are missing, the investment register maintained in the Tribunal shows that an O.P(MAC).No.1852 of 2011 -:2:- amount of 1,50,000/- is lying in deposit in the name of the second petitioner. 2. When the writ petition came up for hearing today, the learned counsel appearing for the petitioners submitted that orders have been passed on the application filed by the petitioners directing release of the money lying in deposit and that the petitioners have no subsisting grievance. In the light of the said submission, as no further orders are called for in the writ petition, it is dismissed as infructuous. The registry shall however bring to the notice of the Hon'ble the Chief Justice, the report dated 18.6.2011 submitted by the Motor Accidents Claims Tribunal, Kollam. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P(MAC).No.1852 of 2011 ---------------------------- JUDGMENT 30th June, 2011