IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11855 of 2009(B) -------------------------- PETITIONER(S): --------------- KANNIYATH MOOSA, AGED 40, S/O.AHAMMEDKUTTY, KANNYATH HOUSE, CHEROOR.P.O., VENGARA VIA, MALAPPURAM DISTRICT. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------- THE NEW INDIA INSURANCE COMPANY, DIVISIONAL OFFICE, MALIYEKKAL BUILDING, MALAPPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11855 of 2009 --------------------------------- Dated, this the 8th day of April, 2009 J U D G M E N T The petitioner was the claimant in OP(MV) No.1579/2002 on the file of MACT, Manjeri. Award was passed allowing compensation and a substantial portion of which was ordered to be kept in fixed deposit. While, so, the petitioner filed Ext.P1, I.A.No.789/2009, praying for release of the amount in deposit. This was considered by the Tribunal and passed Ext.P2 order allowing release of Rs.25,000/- only. It is aggrieved by this order of the Tribunal that the writ petition has been filed. 2. A reading of the order passed by the Tribunal shows that no reason whatsoever has been stated for not permitting release of the amount as prayed for by the petitioner. On the other hand, the affidavit filed in support of the I.A. shows that the petitioner has furnished details of the treatment and surgery, which he was undergone and the liability he has to discharge to a Commercial bank. 3. Having regard to these facts, I feel the reasons stated by WP(C) No.11855/2009 -2- the petitioner justifying his request for premature release of the amount in deposit, deserves acceptance and the order passed by the Tribunal restricting withdrawal of Rs.25,000/- is incorrect. For these reasons, I cannot uphold Ext.P2. 4. The writ petition is, therefore, disposed of directing that on production of a copy of this judgment, the Tribunal shall permit the petitioner to withdraw the balance amount available in deposit as prayed for in Ext.P1 I.A. filed. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg