IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 OP (MAC).No. 1961 of 2011(O) ----------------------------- OPMV.728/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... PETITIONERS ------------------------------ 1. T. ABDUL RAHIMAN, 57 YEARS, S/O. MOOSANKUTTY MASTER, THETTIYIL HOUSE, ATTEERI, P.O.PUTHUR (VIA) KOTTAKKAL, MALAPPURAM DISTRICT. 2. A. SULAIKA, W/O. ABDUL RAHIMAN, DO-DO- BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. BABU, S/O. AYYADURAI, SIRUVACHOOR(POST) SALEM DISTRICT-636001. 2. N.MURUGESHAN, S/O. NAGALINGAM, NEW NO.170 WASHER VARADAPPA KAISTRY STREET, WADURMANPET DISTRICT, CHENNAI-636081. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.29, PAYYANNUR-670307. 4. UMESH KUMAR.C.V., S/O. BALAKRISHNAN, CHERINCHERY VADAKKE VEEDU, P.O.AZHICODE, KANNUR DISTRICT-670009. ADV. SRI.P.V.JYOTHIPRASAD FOR R3 THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (MAC).No. 1961 of 2011 APPENDIX: PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE AWARD OF THE MACT. EXHIBIT P2: TRUE COPY OF THE ACKNOWLEDGEMENT CARD. EXHIBIT P3: TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER AS I.A. No.1419/2011 IN O.P.(MV) No.728 OF 2006 OF THE MACT TIRUR. EXHIBIT P4: TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER AS IA. No.1420/2011 IN O.P.(MV) No.728/2006 OF THE MACT TIRUR. EXHIBIT P5: TRUE COPY OF THE ORDER IN I.A.No.1419/2011 IN O.P.(MV)No.728/06 OF THE MACT, TIRUR. EXHIBIT P6: TRUE COPY OF THE ORDER IN I.A. No.1420 OF 2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- O.P.(MAC) No. 1961 OF 2011 -------------------------- Dated this the 27th day of June, 2011 J U D G M E N T The petitioners herein are husband and wife. They along with their son filed O.P.(MV) No.728 of 2006 before the Motor Accidents Claims Tribunal, Tirur claiming the sum of Rs.10,00,000/- as compensation for the death of their son, a 4th semester Engineering student in a motor accident. By Ext.P1 award passed on 12.5.2009, the Tribunal awarded the sum of Rs.8,02,000/- as compensation and directed the insurer of the offending vehicle to deposit the award amount together with interest at the rate of 7.5% per annum from the date of petition till the date of payment. The Tribunal also directed that out of the said amount, the sum of Rs.1,00,000/- shall be paid to each of the petitioners directly. 2. Pursuant to the said award, the petitioners were paid Rs.1,00,000/- each and the balance amount of Rs.6,01,500/- was deposited in court. Later, the sum of Rs.4,71,277/- was also deposited. After the petitioners received payment of Rs.1,00,000/- each directly from the insurer, they filed Exts.P3 and P4 applications respectively (I.A. Nos.1419 of 2011 & 1420 of 2011 in O.P.(MV) No.728 of 2006) seeking payment of the sum of Rs.2,00,000/- each so as to enable them to go on pilgrimage during the Haj season . By Exts.P5 and P6 orders the said applications were partly allowed directing release of the sum of Rs.75,000/- each. Hence this original petition challenging Exts.P5 and P6 and seeking a direction to the Motor Accidents Claims Tribunal, Tirur to release the sum of Rs.2,00,000/- to each of the petitioners. 2. The petitioners have in Exts.P3 and P4 applications expressed their OP(MAC) No.1961/2011 2 wish to go on pilgrimage during the Haj season and stated that each of them will have incur an expenditure of Rs.2,00,000/-. By the order impugned, the Tribunal after noticing that the amount claimed is excessive, directed release of the sum of Rs.75,000/- each. A reading of Ext.P1 award indicates that the compensation was awarded to the petitioners on account of the death of their son in a motor accident. The second son was held not entitled to any compensation. In such circumstances, as the petitioners alone are entitled to receive the compensation, I am of the opinion that the Tribunal ought to have allowed the application and directed release of the sum of Rs.2,00,000/- each as prayed for. The materials on record shows that even after the sum of Rs.4,00,000/- is withdrawn further amounts will be lying in deposit. That apart, the petitioners wish to go on pilgrimage during the Haj season. Besides expenses for the to and fro journey, the petitioners have also to meet the expenses for their stay at Saudi Arabia. Such being the situation, I am inclined to allow the original petition. I accordingly allow the original petition, quash Exts.P5 and P6 and direct the Motor Accidents Claims Tribunal Tirur to release the sum of Rs.2,00,000/- to each of the petitioners from the amount lying in deposit. P.N.RAVINDRAN, (JUDGE) vps