IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11577 of 2009(N) -------------------------- OP(MV).458/2003 of M.A.C.T.,PERUMBAVOOR .................... PETITIONER(S): ------------------ JAMES, S/O. JOSEPH, AGED 38 YEARS, MALIEKKAL HOUSE, ELAMTHIKKARA. BY ADV. SRI.BABU CHERUKARA SRI.P.JOSHY JOSE RESPONDENT(S): ------------------- THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFIE, P.B. NO.8, JYOTHI SUPER BAZAR, THODUPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 11577 OF 2009 (N) ===================== Dated this the 7th day of April, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P9, an order passed by the MACT, Perumbavoor in IA 6870/08 in OP(MV) No.458/03. Petitioner submits that having suffered injuries in an accident, he filed the aforesaid case for compensation and that by Ext.P2, compensation was awarded. Out of the amount granted, Rs.43,127/- with interest thereon still remains in Fixed Deposit. 2. Meanwhile, in order to discharge his liabilities, as is seen from Exts.P4 and P5, he filed IA 6870/08 seeking release of the amount in deposit. It is on that application Ext.P9 order has been passed allowing withdrawal of the amount on or before 18/10/2009 when the fixed deposit becomes mature. It is aggrieved by this order, the writ petition is filed. 3. A reading of Ext.P9 shows that the Tribunal has not considered the genuineness of the reason stated by the petitioner in Ext.P8. Even otherwise, a reading of Ext.P8 shows that the petitioner has disclosed about the liabilities that he has and the purpose for which premature release is sought for. WPC 11577/09 :2 : 4. In view of the genuine reasons stated in Ext.P8, I am satisfied that the petitioner was entitled to an order as sought for by him. Therefore, quashing Ext.P9, the writ petition is disposed of directing that on the production of a copy of this judgment, the Tribunal shall permit the petitioner to withdraw the amount as prayed for by him. ANTONY DOMINIC, JUDGE Rp