IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 30109 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. RATHNAKUMARI N.P., W/O.LATE VINOD, MULAKKEKUNNEL HOUSE, ARAMVAYAL, P.O.KOOVERI, KANNUR DISTRICT. 2. AKSHAY N.P., AGED 11 YEARS (MINOR), S/O.RATHNAKUMARI N.P., REPRESENTED BY MOTHER & GUARDIAN RATHNAKUMARI N.P., W/O.LATE VINOD, MULAKKEKUNNEL HOUSE, ARAMVAYAL, P.O.KOOVERI, KANNUR DISTRICT. 3. ANAGHA N.P., AGED 10 YEARS (MINOR), D/O.RATHNAKUMARI N.P., REPRESENTED BY MOTHER & GUARDIAN RATHNAKUMARI N.P., W/O.LATE VINOD, MULAKKEKUNNEL HOUSE, ARAMVAYAL, P.O.KOOVERI, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): --------------- 1. C.KHADERKUTTY, PROPRIETOR, AYSHA INDUSTRIES, POKKUNDU, P.O.KURUMATHUR, KANNUR DISTRICT. 2. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, MAREENA SHOPPING COMPLEX, NATIONAL HIGHWAY, TALIPARAMBA. 3. THE COMMISSIONER FOR WORKMEN'S COMPENSATION, & DEPUTY LABOUR COMMISSIONER, KANNUR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.30109/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AWARD DT 30-12-2004. P2 COPY OF THE APPOINTMENT ORDER DT 20-12-2005 P3 COPY OF THE INTIMATION DT 31-12-2005 P4 COPY OF THE AFFIDAVIT DT 30-07-2009 P5 COPY OF THE ORDER DT 10-09-2009 P6 COPY OF THE SALE DEED. P7 COPY OF THE RATION CARD OF THE PETITIONERS P8 COPY OF THE AGREEMETN BETWEEN THE PETITIONER AND OTHERS P9 COPY OF THE CERTIICATE ISSUED FROM THE CO-OP. BANK TO PADMAVATHI P10 COPY OF THE - DO - - DO - TO KARTHIYANI. // True Copy // P.A. To Judge T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.30109 OF 2009 ----------------------------------------------------- DATED THIS THE 17th DAY OF MARCH, 2010 J U D G M E N T The Writ Petition is filed challenging Exhibit P5, whereby the Commissioner for Workmen's Compensation has rejected the application filed by the petitioners to withdraw the amount deposited in the name of the minors. 2. Heard the learned counsel appearing for the petitioner and the learned senior counsel for the 2nd respondent. 3. Even though notice was ordered to the 1st respondent, the same was returned with the endorsement 'addressee expired'. It is submitted that he was the owner of the vehicle in question and it is not necessary to implead his legal heirs as the award has already been passed and what is involved is only the prayer for the withdrawal of the amount. 4. The amount of compensation awarded is Rs.4,36,940/-. It is submitted by the learned counsel for the petitioner that the first petitioner is prepared to offer security by way of her own property for release of the amount deposited in W.P.(C)No.30109/09 -2- the name of the minors. It is submitted that the amount is required for urgent needs to repair the house and repay the loan amount. This loan was obtained for the purchase of property in the name of minors and the sale deed is produced herein as Exhibit P6. 5. This is evidently a matter for the Workmen's Compensation Commissioner to decide, as evidence will have to be adduced in the matter. In that view of the matter, Exhibit P5 order is set aside. The petitioner can file a proper application before the Commissioner for Workmen's Compensation in the matter with all the required documents and those relating to the purchase of the land. If an application is filed by the petitioner, the Workmen Compensation Commissioner shall take appropriate decision in the matter without delay. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE dsn