Thressiamma vs New India Assurance Co.Ltd on 12 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7669 of 2009(C)


1. THRESSIAMMA, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. NEW INDIA ASSURANCE CO.LTD.,
                       ...       Respondent

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :12/03/2009

 O R D E R
                       ANTONY DOMINIC, J.
                      ==============
                 W.P.(C) NO. 7669 OF 2009 (C)
                 ====================

            Dated this the 12th day of March, 2009

                          J U D G M E N T

Petitioner submits that by Ext.P1 award rendered by the

MACT, Thalassery in OP(MV) No.1438/03, though compensation

was granted and that a substantial portion of the same has been

kept under deposit, she made Ext.P2 application for withdrawal of

the compensation in deposit. But, however, the same is not

considered for the reason that there is no presiding officer posted

in the Tribunal. It is stated that presently, the Additional District

Judge, Thalassery is holding charge of the MACT, Thalassery and

therefore the officer in charge of the Tribunal should consider the

application.

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

inclined to think that the petitioner is perfectly justified in the

submission made.

3. Therefore, the writ petition is disposed of directing that

the Tribunal or the Additional District Judge, Thalassery, who is in

charge of the Tribunal shall consider Ext.P2 application made by

the petitioner seeking withdrawal of the compensation deposited

WPC 7669/09
:2 :

pursuant to Ext.P1 award in OP(MV) No.1438/03.

Petitioner may produce a copy of this judgment before the

Tribunal, who shall take necessary action in this regard.

ANTONY DOMINIC, JUDGE
Rp