IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32459 of 2008(L) -------------------------- OPMV.1350/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... PETITIONER: --------------- BINUKUMAR K.B., S/O.BAHULEYAN, RESIDING AT KARIMPUMVELIL HOUSE, CHERUKARA PO, ALAPPUZHA DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: --------------- 1. K.SREEDEVIAMMA, RESIDING AT VALIYAPARAMBIL HOUSE, PERUNNA EAST PO, CHANGANACHERRY. 2. SANKAR, RESIDING AT VALIYAPARAMBIL HOUSE PERUNNA EAST PO, CHANGANACHERRY. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, CHANGANACHERRY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 32459 of 2008 -------------------------- Dated this the 6th November, 2008 J U D G M E N T Petitioner is a claimant in OP(MV) No.1350 of 2004 . An award was passed directing the respondents to pay compensation to the petitioner to the tune of Rs.1,04,000/- with 7% interest. Compensation amount has been deposited and it is lying as fixed deposit in the name of the petitioner. Petitioner has filed an application for withdrawal of the amount contending that he requires the amount for buying a piece of agricultural land. By Exhibit P3 order, MACT ordered that an amount of Rs.50,000/- be released to the petitioner on production of the encumbrance certificate. Thereafter, he may produce the title deed and apply for the balance amount. I agree with the contentions of the learned counsel for the petitioner that since the reasons stated for withdrawal of the amount, ie. for the purchase of a property is not found against there is no reason why the entire amount should W.P ( C) No. 32459 of 2008 2 not be permitted to be withdrawn. The Tribunal has not expressed any reservation about the reason put forward by the petitioner. In the circumstances, Exhibit P3 is set aside and the Tribunal is directed to pass orders releasing the amount as sought for by the petitioner subject to any other conditions that are deemed fit and proper. This shall be done within three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 32459 of 2008 3 W.P ( C) No. 32459 of 2008 4