IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 30501 of 2009(G) -------------------------- MVOP.1301/2004 of M.A.C.T.,KOTTAYAM .................... PETITIONER(S): --------------- 1. MARY MATHEW, PANTHIRUPARAYI, NEAR NEDUMCHIRAYIL, PETROL PUMP, KUMARAKOM EAST.P.O, KOTTAYAM DISTRICT, KERALA. 2. BINOSH MATHEW, PANTHIRUPARAYIL, NEAR NEDUMCHIRAYIL, PETROL PUMP, KUMARAKOM EAST.P.O, KOTTAYAM DISTRICT, KERALA. 3. JESSY MATHEW, PANTHIRUPARAYIL, NEAR NEDUMCHIRAYIL, PETROL PUMP, KUMARAKOM EAST.P.O, KOTTAYAM DISTRICT, KERALA. BY ADV. SRI.ALEX GEORGE SRI.GEORGE ZACHARIAH ERUTHICKEL RESPONDENT(S): --------------- 1. SANTHOSH, S/O. THANKAPPAN, VATTAVELIL HOUSE, NATTASSERY KARA, VIJAYAPURAM. 2. K.K. ANWAR, S/O. KHADER, KANAVARA HOUSE, ELOOR NORTH, UDYOGAMANDAL, ERNAKULAM. 3. THE UNITED INDIA INSURANCE CO. LTD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. `````````````````````````````````````````````````` W.P.(C) No. 30501 of 2009 G `````````````````````````````````````````````````` Dated this the 6th day of November, 2009 J U D G M E N T The petitioners are claimants in OP(MV) No.1301/2004 in which amounts have been awarded as compensation for the death of P.M.Mathew, the husband of the first petitioner and father of the others. Out of the amounts awarded, certain amounts are lying in fixed deposit in the name of each of the petitioners. They filed petitions before the Tribunal for release of the fixed deposits on the ground that the amounts are needed for paying off the loan taken from the husband of the third petitioner, who is now constructing a house for which funds are needed. Those petitions have been dismissed by the Tribunal by Ext.P2 series orders on the ground that the reason was created and not bona fide. The petitioners have filed this writ petition challenging those orders. 2. After hearing the counsel for the petitioner, I am not inclined to direct the Tribunal to release the fixed deposit in respect of the first petitioner, who is the widow of the deceased. However, in view of the fact that the husband of the third petitioner WPC.30501/09 : 2 : himself needs money for construction of a house and the second petitioner is the son, I think that there cannot be any harm in disbursing the amounts deposited in the names of petitioners 2 and 3. Accordingly, the rejection of the application in respect of the fixed deposit in the name of the first petitioner would stand confirmed. However, the Tribunal shall take steps to release the amounts deposited in the names of petitioners 2 and 3 immediately. The writ petition is disposed of as above. (S. SIRI JAGAN, JUDGE) aks