IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32783 of 2008(C) -------------------------- OPMV.2045/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... PETITIONER(S): --------------- M.S. VINOD KUMAR, RESIDING AT MENOTHU HOUSE, EDAVATTOM.P.O, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE NEW INDIA ASSURANCE COMPANY LIMITED, ETTUMANOOR, REPRESENTED BY THE ASSISTANT ADMINISTRATIVE OFFICER OF ITS REGIONAL OFFICE, ERNAKULAM, KANDANKULATHU TOWERS, M.G. ROAD, KOCHI-682 011. 2. B. RAMESH, RESIDING AT CHIRAYIL PULPARAYIL, KULASEKHARAMANGALAM.P.O, VAIKOM, KOTTAYAM. 3. SABU, S/O. CHANDY, RESIDING AT KALARICKAL VEEDU, MEVELOOR.P.O, VAIKOM, KOTTAYAM. 4. JOY ALEXANDER, RESIDING AT THAZHATHUKAVANADIYIL HOUSE, KALLARA.P.O, KOTTAYAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32783/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT Petitioner filed an application before the MACT, Kottayam, consequent upon an injury suffered by him in a motor accident which took place on 1.5.1996. Tribunal awarded an amount of Rs.7,02,368/- inter alia noting that the petitioner suffers 100% disability. Award was affirmed by a Division Bench of this Court as per Ext.P1. The amount awarded is lying in deposit which, according to the petitioner, fetches a meagre rate of interest. Petitioner therefore, filed Ext.P2 application on 11.8.2008 for release of the entire amount so that he can invest it elsewhere for a better return. Tribunal passed Ext.P3 order directing the release of an amount of Rs.1,00,000/-. This has been challenged in the writ petition. 2. As the Division Bench has, in Ext.P1 judgment, taken note of the serious disability suffered by the petitioner as noted by the Tribunal, and the Award has W.P.(C).32783/2008 2 been affirmed by the Bench, I am of the view that the Tribunal shall re-consider Ext.P2 application. Tribunal shall consider whether there is any other source where the investment could be made so as to fetch a better return and shall also ascertain the views of the father of the claimant and notice may be issued in this regard. Tribunal shall pass an order determining the best possible mode of investment from the claimant so that it fetches the best return. Revised orders shall be passed by the Tribunal within a period of two months from the date of receipt of a copy of this judgment. Ext.P3 shall stand set aside for the said purpose. Writ petition is disposed of as above. V.GIRI, Judge mrcs