GOPALAKRISHNAN NAIR Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL THIRUVANANTHAPURAM

JUDGEMENT

(1.) This Writ Appeal is against the judgment dated 6-8-2002 in O.P.No. 18619 of 2002 which was dismissed by the learned Single Judge. The appellant is the petitioner in the Original Petition.

(2.) The appellant was injured in a motor accident and he filed O.P.(MV) No.540 of 1987 in the Motor Accidents Claims Tribunal, Thiruvananthapuram. The accident was on 20-12-1986. At that time, the appellant was aged 22 years and was conducting a tutorial college. As a result of the accident, the appellant suffered head injury with fractured skull, depressed fracture of temporal bone, depressed fracture of the paraetal bone and minimal compression of cervical spine. Considering the nature of the injuries and the disability suffered by the appellant, the M.A.C.T. awarded a total compensation of Rs.68,800/-Dissatisfied with the award the appellant filed M.F.A.No.815 of 1992 in the High Court. As per the judgment dated 18-11-1999 in M.F.A.No.815 of 1992, the amount of compensation was enhanced to Rs. 1,22,000/- with 12% interest from 2-5-1987 till payment. The second respondent, National Insurance Company deposited the amount awarded by the Court and that the amount was put in deposit as directed by the Tribunal. Part of the amount was allowed to be withdrawn by the Tribunal.

(3.) On 15-9-2001, the appellant was subjected to C.T.Scan of the brain. On the basis of the C.T.Scan, the appellant was advised to consume anti convulsants for the life time since he is still having fits due to the head injury. Hence, the appellant filed I.A.No.5049 of 2001 in O.P.(MV) No.540 of 1987 praying for the withdrawal of the balance amount of compensation lying in fixed deposit. In the said application, the appellant has stated that ever since his discharge from the hospital on 11-1-1987, he has been continuously undergoing treatment and that he has to take anti convulsants throughout his life. It was also stated that he continued to suffer from epilepsy and fits and hence, he could not avoid taking the medicines. It was further stated that on account of the head injury, his hearing was affected and he was also suffering from other serious ailments. It was specifically stated that he wanted to continue the treatment in a private Super Speciality Hospital and therefore, the amount of Rs.95,936/- lying under deposit was urgently required by him. Accordingly, he prayed that the amount of Rs.95,936/- be released to him to enable him to continue the treatment. Along with the application, the appellant also produced all the available medical records. The said I.A.No.5049 of 2001 in O.P.(MV)No.540/1987 was disposed of by the M.A.C.T., Thiruvananthapuram on 17-1-2002 as per Ext. P4 order. The said order is extracted here under: