Ittichan vs The Manager on 10 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4357 of 2009(R)



1. ITTICHAN
                      ...  Petitioner

                        Vs

1. THE MANAGER, NATIONAL INSURANCE CO.LTD.
                       ...       Respondent

                For Petitioner  :SRI.RAJESH VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/02/2009

 O R D E R
                        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withdrawn for meeting his treatment and maintenance expenses,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