IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37681 of 2008(J) -------------------------- AGAINST THE ORDER IN IA. 3207 /2008 IN OPMV.1892/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... PETITIONER(S): --------------- K.P. MUHAMMED, AGED 45 YEARS, SON OF KALANTHANKUTTY, KARALIPARAMBIL HOUSE, P.O. PANNIKODE, MUKKOM, KOZHIKODE DIST. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 37681 of 2008 ================== Dated this the 19th day of December, 2008 J U D G M E N T The petitioner is the claimant in O.P.(M.V.)No.1892/2000 on the files of the 2nd Addl. M.A.C.T., Kozhikode. As per Ext.P1 award, compensation has been awarded to the petitioner, which has been directed to be deposited in a fixed deposit in a nationalised bank. The petitioner sought release of the amount for paying off debts due from the petitioner to a co-operative bank by filing I.A.No.3207/2008 before the Tribunal. The Tribunal dismissed the same on the ground that the loan itself was taken subsequent to the passing of the award. The learned counsel for the petitioner points out that as is evident from Ext.P4 certificate, the loan was taken on 22.1.2004, whereas Ext.P1 award was passed only on 20.2.2008. 2. Taking into account the facts and circumstances of the case, I feel that the amount can be released to the petitioner for paying off his debts. Accordingly, the Tribunal is directed to release the amount in deposit as per Ext.P1 award forthwith. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2