IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4357 of 2009(R) ------------------------------- OPMV.1979/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: -------------- ITTIACHAN, AGED 92 YEARS, S/O. LATE DEVASSY, MALIEKKAL HOUSE, KARAYAMPARAMBU, KARUKUTTY VILLAGE. BY MR.RAJESH VIJAYAN, ADVOCATE. RESPONDENT: ---------------- THE MANAGER, NATIONAL INSURANCE CO.LTD., P.B. No.24, MULLAPPALLY BUILDINGS, A.M. ROAD, PERUMBAVOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.4357 of 2009 --------------------------------- Dated, this the 10th day of February, 2009 J U D G M E N T The petitioner was the claimant in OP(MV) No.1979/2001 on the file of MACT, Perumbavoor. Award was passed allowing compensation. But, however, a portion of the amount was ordered to be kept in deposit. Being a 92 year old man, in order to meet his treatment and maintenance expenses, the petitioner wanted to get the balance amount released and for that purpose he filed Ext.P2, I.A. No.4661/2008. The application was considered and the Tribunal passed Ext.P3 order rejecting the application on the ground that he had not produced any document to show that he requires the money for treatment. It is challenging the order, this writ petition is filed. 2. As already noticed, the petitioner is a 92 year old man, and if he has made solemn statement that he needs the amount withdrawn for meeting his treatment and maintenance expenses, primafacie, I have nothing to doubt the bonafides. Therefore, the view taken by the Tribunal in Ext.P3 cannot be approved. I, therefore, quash Ext.P3 and direct the Tribunal to allow the WP(C) No.4357/2009 -2- petitioner to withdraw the amount, on production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg