IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 16997 of 2010(Y) --------------------------------------- (O.P(MV).NO.210/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA) .................... PETITIONER: ------------------- TONY JOHN, S/O. JOHN, PARIPALLIL HOUSE, KAVUMANNAM.P.O, THARIYODE VILLAGE, VYTHIRI TALUK. BY ADV. SMT.CELINE JOSEPH. RESPONDENTS: ------------------------ 1. SIVADASAN, S/O. KRISHNAN NAIR, MABITHODIYIL HOUSE, THAZHATHUR, THAZATHUR POST, CHEERAI. * 2. HARIKRISHNAN, S/O. GOPALAN, 7/814 C, PUNNAKKUL HOUSE, MEENANGADI. *DELETED. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, RAWTHAR BUILDING, NEAR PINANGODE ROAD JUNCTION, MAIN ROAD, KALPETTA. *R2 DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 19/07/10 IN I.A. NO. 9683/10. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16997/2010-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AWARD DTD. 13/07/09 IN O.P.(MV).NO.210/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA. EXT.P.2: COPY OF THE AGREEMENT DTD. 16/02/2010. EXT.P.3: COPY OF THE ESTIMATED OF THE PROPOSED BUILDING. EXT.P.4: COPY OF THE RECEIPT DTD. 20/03/2010 GIVEN BY CANNON FINANCE & SECURITIES, MANANTHAVADY. EXT.P.5: COPY OF THE ORDER DTD. 19/04/2010 IN I.A. NO. 742/2010 IN O.P (MV). NO.210/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.16997 OF 2010 ............................................ DATED THIS THE 22nd DAY OF JULY, 2010 JUDGMENT The petitioner is a person who has been awarded an amount of Rs.3,80,050/- with 7.5% interest by the MACT, Kalpetta, as per Ext.P1 award. The Insurer had already deposited the amount. According to the petitioner, he is in urgent need of money. Therefore, he filed I.A.742 of 2010 for an order permitting withdrawal of the said amount. However, the complaint of the petitioner is that without considering his contentions, as per Ext.P5, his petition has been dismissed. 2. Though notice in this writ petition has been served on the respondents, there is no appearance for them. 3. I notice that Ext.P5 is a cryptic order that does not disclose any reasons for the dismissal of the petition filed by the petitioner. According to the petitioner, he is in urgent need of funds and therefore he sought permission to withdraw the amount. Ext.P5 does not disclose why the request has been disallowed. 4. In the above circumstances, Ext.P5 is set aside. The MACT, Wpc 16997/2010 2 Kalpetta is directed to consider the matter afresh and to pass appropriate orders on I.A.742 of 2010 in O.P(MV) No.210 of 2006, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. Writ petition is allowed as above. No costs. K.SURENDRA MOHAN, JUDGE lgk