IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 15096 of 2010(J) --------------------------------------- OPMV.1362/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... PETITIONER(S): ----------------------- SANDHYA K.K. @ ASHA, W/O.LATE PRASAD, THADATHILPARAMBIL HOUSE (THOTTICKAL), NEDUMKUNNAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN. RESPONDENT(S): -------------------------- THE NEW INDIA ASSURANCE CO. LTD., REP. BY THE DIVISIONAL MANAGER, KOTTAYAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15096/2010-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AWARD DATED 17/03/2009 IN O.P.MV. 1362/2006 OF THE MOTOR ACCIDENT CLAIM TRIBUNAL, KOTTAYAM. EXT.P2: COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER DATED 10/08/2009 FROM THE NEDUMKUNNAM SERVICE CO-OPERATIVE BANK. EXT.P3: COPY OF THE I.A. NO.4932/2009 IN O.P.MV. NO. 1362/2006 FILED BEFORE THE MOTOR ACCIDENT CLAIM TRIBUNAL, KOTTAYAM. EXT.P4: COPY OF THE ORDER DATED 10/11/2009 IN I.A. NO.4932/2009 IN O.P. M.V.1362/2006 OF MOTOR ACCIDENT CLAIM TRIBUNAL, KOTTAYAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 15096 OF 2010 J ----------------------------------------------------------- Dated this the 9th June, 2010. JUDGMENT The petitioner has filed this writ petition challenging Ext.P4 order of the Motor Accident Claims Tribunal, Kottayam. The petitioner is the first claimant in O.P(MV) 1362/2006 of the said Tribunal. The petitioner had filed the petition claiming compensation for the death of her husband in a road accident. The original petition was allowed as per Ext.P1 award. Pursuant to the award, an amount of Rs.7,42,946/- was deposited by the respondent. The petitioner was permitted to withdraw only an amount of Rs.50,000/-. The balance amount due to the petitioner was directed to kept in fixed deposit for a period of three years. The amount is still remaining in deposit. 2. According to the petitioner, she has availed a loan of Rs.4,87,911/- from the Nedukunnam Service Co-operative Bank, which is still remaining unpaid. The bank has therefore issued Ext.P2 demand notice against the petitioner. 3. In the above circumstances, the petitioner submitted Ext.P3 application before the Motor Accident Claims Tribunal, Kottayam seeking release of the fixed deposit amount. As per WPC 15096/2010 2 Ext.P4, the Tribunal has permitted the release of only an amount of Rs.50,000/- to the petitioner. Therefore, the petitioner has filed this writ petition challenging Ext.P4 contending that she is entitled to release of the entire amount. 4. Though notice has been served on the respondent, there is no appearance. Therefore, I do not have the benefit of hearing the respondent. In view of the fact that Motor Accident Claims Tribunal, Kottayam is better appraised of the facts of this case, appropriate orders can be directed to be issued by the Tribunal itself. 5. In the above circumstances this writ petition is disposed of directing the Motor Accident Claims Tribunal, Kottayam to consider the question as to whether the petitioner is entitled to release of the entire amount that is remaining in fixed deposit in her name as per the directions in O.P(MV) 1362/2006. The petitioner is directed to file a fresh petition seeking release of the amounts remaining in fixed deposit within a period of two weeks from the date of receipt of a copy of this judgment. If such a petition is filed, the Motor WPC 15096/2010 3 Accident Claims Tribunal, Kottayam shall consider and dispose of the same on the merits, expeditiously. K. SURENDRA MOHAN Judge jj WPC 15096/2010 4