IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 30654 of 2009(B) -------------------------- OPMV.1409/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER(S): --------------- ANILKUMAR, S/O.MAYAPPAN, PULIKKODE HOUSE, MUTTIKULANGARA POST, PUDUPPARIAYARAM, PALAKKAD. BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): --------------- THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICER, MANJERI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 30654 of 2009 ................................................. Dated this the 25th day of November, 2009 J U D G M E N T The petitioner is the claimant in O.P.(M.V) No. 1409 of 2001 before the Motor Accidents Claims Tribunal, Palakkad. By Ext.P1 award compensation has been awarded to the petitioner. However, major portion of the award amount has been directed to be put in fixed deposit with liberty to draw interest. The petitioner filed a petition before the Tribunal for release of the same to pay off the debts due from the petitioner, which was rejected by Ext.P4 on the ground that no sufficient reasons have been stated by the petitioner for release of the amounts. The petitioner challenges Ext.P4 and seeks the following reliefs: “i) to call for the records leading to the issuance of Ext.P4 order verify and quash the same by issuing a writ of certiorari or any other writ, order or direction. ii) to issue a writ of mandamus or any other writ order or direction directing the Motor Accident Claims Tribunal, Palakkad to allow the petitioner to release the entire Fixed Deposit amount which is deposited as FDR 421919 with the State Bank of India, Civil Station branch, Palakkad as requested in Ext.P3 application.” 2. After having heard the counsel for the petitioner, I feel that in order to enable him to pay off his debts, an amount of W.P(C) No. 30654 of 2009 -2- Rs.75,000/-can be released to the petitioner. Accordingly, the Motor Accidents Claims Tribunal, Palakkad is directed to release Rs.75,000/- out of fixed deposit in the name of the petitioner. S. SIRI JAGAN, JUDGE rhs