IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 OP (MACT).No. 814 of 2011(O) ---------------------------- OPMV.360/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER ------------------------------ P.V.NARAYANANKUTTY NAMBIAR, S/O. M.KUTTAN NAIR, AGED 53 YEARS, MURINGOLI HOUSE, MAKKADA VIA, KAKKODI, KOZHIKODE DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- THE NEW INDIA ASSURANCE COMPANY LIMITED 2ND FLOOR, V.K.BUILDING, CHEROOTTY ROAD, CALICUT - 673032. ADV. SMT.P.K.SANTHAMMA FOR R1 THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(MAC)No.814/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF AWARD IN OP(MV)NO.360/96 DATED 4.1.2007 OF PRL.M.A.C.T., KOZHIKODE EXT.P2. TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT IN M.A.C.A.1753/07 & CROSS OBJECTION 72/09 DATED 9.12.2009 EXT.P3. PHOTOGRAPH OF THE PETITIONER SHOWING HIS PRESENT PHYSICAL CONDITION. EXT.P4. TRUE COPY OF I.A.5338/10 IN O.P(MV)360/96 EXT.P5. TRUE COPY OF ORDER OF PRL.MACT, KOZHIKODE IN I.A.5338/10 IN OP (MV)360/96 DATED 30.10.10. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- O.P(MAC)No.814 of 2011 ----------------------------------------- Dated this the 1st March, 2011 JUDGMENT The petitioner, a Driver employed in the Kerala State Road Transport Corporation, sustained serious injuries in an accident that took place on 13.6.1995. His right leg was amputated below the knee. He also suffered multiple injuries including fracture on his left leg. The accident took place when the bus which he was driving collided with another stage carriage. The petitioner, who was then aged 48 years, had filed O.P(MV)No.360/1996 in the Motor Accidents Claims Tribunal, Kozhikode claiming payment of the sum of Rs.12 lakhs as compensation. By Ext.P1 award passed on 4.1.2007 the Motor Accidents Claims Tribunal awarded the sum of Rs.9,01,264/- as compensation with interest thereon at the rate of 7% per annum and costs Rs.600/-. The respondent/the insurer of the vehicle was directed to deposit the said amount in Court. The Tribunal also directed payment of the sum of Rs.25,000/- to the petitioner from the award amount. The respondent/insurer carried the matter in appeal by filing O.P(MAC)No.814 of 2011 -:2:- M.A.C.A.No.1753 of 2007 in this Court. The petitioner, the 3rd respondent in the appeal, preferred a memorandum of cross objections. By Ext.P2 judgment delivered on 9.12.2009 a Division Bench of this Court dismissed the appeal as well as the memorandum of cross objections. 2. While the said appeal was pending, pursuant to the interim order passed by this Court the insurer deposited one half of the amount awarded as compensation. On application submitted by the petitioner the Motor Accidents Claims Tribunal also permitted him to withdraw the said amount. Later after Ext.P2 judgment was delivered the respondent deposited the balance amount of compensation in the Motor Accidents Claims Tribunal on 30.7.2010. The petitioner thereupon moved the Tribunal by filing I.A.No.5338 of 2010 for premature closure of the fixed deposit and for payment of the closure value. By Ext.P5 order passed on 30.10.2010 the Motor Accidents Claims Tribunal dismissed the application. Hence this writ petition. 3. I heard Smt.Latha Prabhakaran, learned counsel appearing for the petitioner and Smt.P.K.Santhamma, learned counsel appearing for the respondent. I have also gone through the pleadings and the materials on record. It is evident from the O.P(MAC)No.814 of 2011 -:3:- findings of the Motor Accidents Claims Tribunal in Ext.P1 award and of this Court in Ext.P2 judgment that the petitioner lost his employment on account of the injuries sustained by him in the accident that took place on 13.6.1995. On account of the amputation of his right leg beneath the knee and the serious injuries sustained by him he has been permanently disabled from doing any work to earn his livelihood. The Motor Accidents Claims Tribunal took note of the serious injuries sustained by the petitioner and the expenses incurred by him for medical treatment (Rs.2,27,512/-) while awarding the sum of Rs.9,01,264/- as compensation together with interest and costs. The said award has become final. Though the accident took place in the year 1995 the claim petition was disposed of only 11 years later, namely in the year 2007. The petitioner had positively averred in the affidavit filed in support of the application, which now stands dismissed by Ext.P5 order, that he is bedridden, that the injuries in his left leg have not healed and that he is even today undergoing treatment. He has also stated that he is not in a position to move about and that his family members are depending on him for their livelihood. These facts are not in dispute. Ext.P2 photograph shows the present physical condition O.P(MAC)No.814 of 2011 -:4:- of the petitioner. In such circumstances as the petitioner is permanently disabled and is bedridden, I am of the opinion that the Tribunal ought to have granted the relief prayed for in I.A.No.5338 of 2010. I accordingly allow the writ petition, set aside Ext.P5 and allow I.A.No.5338 in O.P.(MV)No.360/1996 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The Motor Accidents Claims Tribunal shall issue a cheque in favour of the petitioner for the amount covered by the fixed deposit receipt within two weeks from the date on which the petitioner moves the Tribunal in that regard. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P(MAC)No.814 of 2011 ---------------------------- JUDGMENT 1st March, 2011