High Court Kerala High Court

P.Raghavan vs National Insurance Co.Ltd. on 26 March, 2009

Kerala High Court
P.Raghavan vs National Insurance Co.Ltd. on 26 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9825 of 2009(W)



1. P.RAGHAVAN
                      ...  Petitioner

                        Vs

1. NATIONAL INSURANCE CO.LTD., NAMAKKAL
                       ...       Respondent

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/03/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                  W.P.(C) NO. 9825 OF 2009 (W)
                 =====================

            Dated this the 26th day of March, 2009

                           J U D G M E N T

Petitioner was the claimant in OP(MV) No.1336/02, in which

the MACT, Thalasserry rendered Ext.P1 award granting

compensation. He filed Ext.P2 (IA No.744/09) to permit him to

withdraw the compensation deposited in his name. According to

the petitioner, in view of the absence of the Presiding Officer in the

Tribunal, the said IA is not considered. He submits that the

Additional District Judge, Thalasserry is in charge of the Tribunal

and in view of the urgency of the situation, the Additional District

Judge should be directed to consider the application.

2. Having heard the counsel for the petitioner, I am inclined

to agree with him.

3. Taking into account the urgency pointed out, I direct the

Additional District Judge holding charge of the MACT, Thalasserry to

consider the said application and pass orders thereon. This shall be

done, as expeditiously as possible, at any rate within 8 weeks of

production of a copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp