IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32835 of 2008(H) -------------------------- PETITIONER(S): --------------- ARUN VENUGOPAL ,AGED 20 YEARS, S/O.LATE VENUGOPAL,CHEMPLAYIL HOUSE IRIMPANAM P.O., THIRUVANKULAM,ERNAKULAM DISTRICT. BY ADV. SMT.T.S.MAYA (THIYADIL) SMT.M.S.KIRAN RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF INDIA MANORAMA JUNCTION, ERNAKULAM. 2. UNITED INDIA INSURANCE COMPANY LTD THRIPUNITHURA. BY SC SBI. SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32835/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT Petitioner, who is one of the claimants in OP. (MV).2413/95 of Motor Accident Claims Tribunal, Ernakulam, seeks disbursal of the entire amount due to him and his mother, in terms of the award passed by the MACT as affirmed by a Division Bench of this Court in Ext.P1 judgment. Operative portion of the judgment of the Division Bench reads as follows:- “Thus the total amount will come to Rs.22,00,000/-. Considering the huge amount awarded and the present rate of interest, the appellants are entitled to only 6% interest from the date of application till its deposit. The third respondent insurance company is directed to deposit the above compensation, after deducting the compensation amount already deposited before the Tribunal, within three months from the date of receipt of a copy of this judgment. Ten years have passed after W.P.(C).32835/2008 2 the accident. Therefore, on deposit of the amount of compensation, 50% shall be released to the first appellant and balance 50% shall be deposited in a nationalized bank in the name of the second appellant. The second appellant can withdraw the same when he attains the age of 21.” 2. Since there is a direction by the Division Bench of this Court that 50% of the total amount shall be released to the first appellant and the balance 50% shall be deposited in the name of the second appellant, who can withdraw the same when he attains the age of 21, the variation of the said judgment is possible only if the petitioner moves an application in this regard before the Division Bench. Therefore, the remedy of the petitioner is to move before the Bench of this Court and pray for an appropriate variation in M.F.A.355/2000. Without prejudice to the right of the petitioner to do so, writ petition is closed. V.GIRI, Judge mrcs