IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20547 of 2009(K) -------------------------- PETITIONER(S): PETITIONER IN IA. -------------------------------- HANEEFA,S/O.AHAMMED, PUTHUMANNIL HOUSE,MAMMALIPADI, EDARIKODE P.O.,TIRURANGADI TALUK. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. NOUSHAD,S/O.MOIDEENKUTTY, KUTTIPURATHODI HOUSE,EDARIKODE P.O., KOTTAKKAL,PARAMBILANGADI. 2. NIZAR,S/O.MOIDEEN, MANGATAN HOUSE,KOTTAKKAL P.O., PARAMBILANGADI,MALAPPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX,NILAMBUR ROAD,MANJERI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20547/2009 -------------------- Dated this the 22nd day of July, 2009 JUDGMENT Petitioner is the 1st claimant in O.P.(M.V.).357/2006 by which he claimed compensation arising out of the death of his son in a motor vehicles accident involving the respondents. By Ext.P1, the Tribunal passed an award for an amount of Rs.2,90,000/- and directed the amounts be kept in a Fixed Deposit. Petitioner then sought for a permission to redeem the deposit vide Ext.P2 application citing financial stringency brought about by the marriage of his daughter. Learned Tribunal passed Ext.P3 order directing release of Rs.25,000/-. This has been challenged in the writ petition. 2. I have perused the averments in the writ petition as also Ext.P2. The reasons cited by the petitioner in the application seems to be correct. There is no reason for restricting the permission for redeeming the deposit to Rs.25,000/-. W.P.(C).20547/09 2 3. Accordingly, Ext.P3 is set aside and the petitioner shall be permitted to redeem the amount awarded as compensation deposited by the Insurance Company and lying in deposit as Fixed Deposit pursuant to the orders passed by the Tribunal, on the petitioner personally appearing before the Bank officials, and producing a copy of the judgment. Tribunal shall also pass consequential orders pursuant to this judgment which shall also be produced along with the copy of the judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs