IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 20347 of 2009(K) -------------------------- OPMV.2401/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER(S): --------------- ALEEMA, W/O. MUHAMMED, AGED 39 YEARS, NADUKANDIPURAYIL, MUNDAKKAL, POOVATTUPARAMBA P.O., KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. K.K.IBRAHIM, KALLUVETTUKUZHIYIL HOUSE, 2/220, MAVOOR, CHEROOPA P.O., CALICUT. 2. SHANAVAS, HASEENA MANZIL, KALLEERIVIRIPPILPARAMBA, PERUVAYAL, CALICUT. 3. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE-II, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20347 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th October, 2009. J U D G M E N T Petitioner is one of the claimants before the M.A.C.T., Kozhikode in O.P (MV) No. 2401/2002. In that O.P., by Ext. P1 award, compensation amounts were awarded to the four claimants including the petitioner. The share of the petitioner was directed to be deposited in a fixed deposit with liberty to the petitioner to draw interest accruing from the fixed deposit. The petitioner has now filed a petition before the Tribunal seeking release of the fixed deposit amount to the petitioner on the ground that she needs money to pay of the debts she had to incur for the marriage of her daughter, which was solemnized on 12-2-2009. However, the Tribunal dismissed that application on the ground that no satisfactory reasons have been stated. The petitioner therefore seeks the following relief: “Issue a writ, order to set aside the Ext. P4 order of the Principal Motor Accident Claims Tribunal, Kozhikode and to declare that the petitioner is entitled to withdraw full amount deposited as per Ext. P1 award.” 2. I have heard the learned counsel for the petitioner. 3. It cannot be disputed that the petitioner would certainly require huge amounts for the marriage of her daughter. If the compensation amount cannot be used for the said purpose, that would be a travesty of justice. Therefore, I am of opinion that the amount deposited in fixed deposit due to the petitioner should be released to the petitioner. Accordingly, Ext. P4 order of the Tribunal is quashed and the W.P.C. No. 20347/2009 -: 2 :- Tribunal is directed to disburse the amount kept in fixed deposit from the compensation amounts due to the petitioner expeditiously. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.