Biju.V.G. vs Managing Director on 4 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22513 of 2008(E)


1. BIJU.V.G., S/O.GEORGE, VALLATHUKARAN
                      ...  Petitioner

                        Vs



1. MANAGING DIRECTOR, KSRTC.,
                       ...       Respondent

2. ANILKUMAR, S/O.SIVARAMAN NAIR,

                For Petitioner  :SRI.E.C.POULOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/08/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No. 22513 OF 2008
              ----------------------------------------
                Dated this the 4th day of August, 2008

                            JUDGMENT

The petitioner is a person incapacitated in a motor accident

represented by his father. The Motor Accident Claims Tribunal,

Perumbavoor awarded an amount of Rs.8,79,000/- with interest

as compensation. The KSRTC has deposited an amount of

Rs.15,74,000/- towards the compensation due. The said amount

has been directed to be deposited in a bank. The petitioner filed

an application before the Tribunal for withdrawal of substantial

portion of the said amount. By Ext.P4 order, the Tribunal allowed

only withdrawal of Rs.2 lakhs. Ext.P4 order is under challenge

before me. The contention of the petitioner is that for the

treatment of the petitioner alone substantial amounts have been

spent and amounts would be required for further treatment of the

petitioner. Therefore the petitioner seeks withdrawal of Rs.10

lakhs, out of which only Rs.2 lakhs have been allowed to be

withdrawn.

W.P.(c)No.22513/08 2

2. Admittedly, the petitioner is an incapacitated

person. The father is aged 81 years. After the time of the

parents without some substantial money in his name in deposit

to fall back upon, I am afraid that would not be anybody to

look after the petitioner. That being so I do not think that the

amount requested for by the petitioner can be released now.

However, in view of the fact that substantial amounts have

been spent for the petitioner’s treatment, I feel that up to the

amount spent for the treatment of the petitioner can be

released.

Accordingly, I dispose of this writ petition with a direction

to the Motor Accident Claims Tribunal, Perumbavoor to allow

the petitioner to withdraw that much amount from the amount

in deposit as is equal to the total amount spent for the

treatment of the petitioner as proved before the Tribunal.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.22513/08 3