The petitioner who was one of the claimants in O.P.(M.V.) No.1727 of 2007 of the Motor Accidents Claims Tribunal, Kottayam has filed this writ petition aggrieved by Ext.P3 order in I.A.No.1589 of 2014.
2. According to the petitioner, he is aged 62 years. He suffers from a number of ailments. He had undergone repeated surgical procedures for the treatment of his ailments. He is a person who suffers from Depressive disorder, Systemic Hypertension and Dyslipidemia. It is contended that he requires substantial amounts for his medical treatment. A total amount of `9,37,831/- which is his share in the compensation amount awarded by the Motor Accidents Claims Tribunal, is remaining in fixed deposit as per orders of the Tribunal. He had therefore filed I.A.No.1589 of 2014 seeking permission to withdraw the entire amount. The said request has been declined by Ext.P3. The Tribunal has found that his age cannot be said to be so advanced as to justify a presumption that he requires the entire compensation amount. Therefore, an amount of `4,00,000/- has been ordered to be released by Ext.P3. The petitioner is not satisfied with the said amount.
3. According to the counsel for the petitioner, considering the O.P.(MACT) No.70 of 2014 2 nature of the ailments suffered by him, it is only appropriate that the entire amount is released. He is an educated and well informed person, who is in a position to take care of his interests and financial assets. The share of his wife is still remaining in fixed deposit. Therefore, even if the entire amount were spent, the petitioner would not be prejudiced to any great extent. Observations of the Honourable Supreme Court in A.V.Padma & Others v. R.Venugopal & Others (CDJ 2012 SC 84) is also relied upon. Adv.Sri.M.A.George appears for the Insurance Company.
4. Heard. It is true that the petitioner is suffering from a number of ailments for the treatment of which, he had to undergo repeated surgeries. Ext.P2 reveals his medical conditions. However, that does not show that he needs the entire amount of compensation, in a lump. As and when his ailments require treatment, he would certainly be in need of funds. At such relevant times, he would certainly be entitled to move the Tribunal for necessary orders sanctioning further amounts. At present by Ext.P3, an amount of `4,00,000/- has been permitted to be withdrawn. If the petitioner requires any additional amount for his treatment, he would certainly be at liberty to move the Tribunal by producing sufficient documents substantiating his need and the amount of funds required. Therefore, it is sufficient that the petitioner is granted such liberty. Though some of the observations O.P.(MACT) No.70 of 2014 3 in Ext.P3 order are not acceptable, I am not satisfied that, an order releasing the entire amount should be granted to the petitioner at present.
This writ petition is therefore disposed of granting liberty to the petitioner to move the Motor Accidents Claims Tribunal for the release of additional amounts as and when such amounts may become necessary.
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K.SURENDRA MOHAN, JUDGE.
AV