IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 276 of 2009(G) ------------------------ OPMV.580/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER(S): ------------------ N.RINJU, AGED 31 YEARS, SON OF RAVINDRAN, MENORI HOUSE (SREE SREYAS), P.O. ERANHIKKAL, KANDAMKULANGARA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------------- THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., PARCO TOWER, P.B. NO. 207, P.M. TAJ ROAD, KOZHIKODE 673 001. GOVT.PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 276 OF 2009 (G) ==================== Dated this the 5th day of January, 2009 J U D G M E N T Petitioner was the claimant in OP(MV) No. 580/01 on the file of MACT, Kozhikode. By Ext.P1 award, Rs.80,000/- was awarded to the petitioner with interest thereon. Out of the award amount, Rs.40,000/- was ordered to be kept in deposit and according to the petitioner, the deposit will be maturing only on 16/9/09. 2. In the meanwhile, petitioner filed IA 4781/08 before the Tribunal seeking early release of the amount in deposit. The Tribunal by its order dated 25/11/2008 rejected the claim. The reason stated is that the deposit will mature only in 2009 and that the petitioner should wait till then. It is challenging the said order, the writ petition is filed. A reading of Ext.P5, the affidavit, shows that the petitioner has explained the liabilities that he had incurred particularly in connection with the treatment of his deceased father, who expired on 13/8/08. The correctness of these reasons have not been examined by the Tribunal. 3. If as stated by the petitioner, he needs money for discharging the liabilities which are mentioned in Ext.P5, there is no reason why his request shall not be allowed. On the averments in Ext.P5, I am satisfied WPC 276/09 :2 : that the petitioner has made out a case for early release of the amount in deposit. 4. Accordingly, the order dated 25/11/2008 passed by the Tribunal in IA 4781/2008 in OP(MV) No.580/01 will stand set aside. The Tribunal is directed to release the amount as sought for by the petitioner in Ext.P5, on the production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the MACT, Kozhikode for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp