IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7550 of 2009(K) ------------------------- OPMV.760/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER(S): --------------- BALASUBRAMANIAN @ BALAN,LAKSHMI NIVAS, THATTURAMBAKADU, AKATHETHARA.PO,PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): --------------- 1. K.BAGHAVANNARAYANA, S/O.GOVINDARAJULU, DOOR NO.27-32/51, DUNNAVARISTREET,GOVERNER PETTA, VIJAYAWADA, ANDHRA PRADESH. 2. KRISHNA RAJU, S/O.SUBBA RAJU ANANTHARAMA GOWDER, DOOR NO.42-48-2A SINGH NAGAR, VIJAYAWADA, ANDHRA PRADESH. 3. NATIONAL INSURANCE COMPANY LTD,BRANCH OFFICE, P.B.NO.251,LABHIPETTA, VIJAYAWADA, ANDHRA PRADESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON 11/03/2009 DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7550 of 2009 --------------------------------- Dated, this the 11th day of March, 2009 J U D G M E N T The petitioner was the claimant in OP(MV) No.760/01 on the file of the MACT, Palakkad. By Ext.P1, common award passed by the Tribunal , the Tribunal awarded compensation. It is stated that out of the compensation awarded in Ext.P1, an amount of Rs.1,60,000/- is in deposit in a nationalised Bank. 2. It is stated by the petitioner that he had availed of a mortgage loan from a Co-operative Bank and that the said liability has been certified by the Bank as per Ext.P2. In order to discharge the aforesaid liability, the petitioner sought release of Rs.1 lakh out of the amount deposited and with that prayer, he made Ext.P3 application. However, by Ext.P4 endorsement made on the application itself, the Tribunal has dismissed the application stating that the reason projected by the petitioner was insufficient to allow the application. It is in these circumstances, the writ petition has been filed seeking to quash Ext.P4 and to direct the Tribunal to allow release of Rs.1 lakh as prayed for in Ext.P3. WP(C) No.7550/2009 -2- 3. Admittedly, the amount is in deposit and Ext.P2 certificate confirms the case of the petitioner regarding the liability that is due from him to the Bank. It is to discharge that liability that the petitioner sought release of Rs.1 lakh out of the amount in deposit. If the petitioner has incurred a liability to a Bank and if he wants to discharge the same by utilising the amount in deposit, I feel that, it is a reason sufficient to justify the prayer made by the petitioner in Ext.P3. The contrary view taken by the Tribunal in Ext.P4 order dated 16/12/2008 cannot be approved. Therefore, I set aside Ext.P4 and direct the Tribunal to allow the prayer made by the petitioner in Ext.P3. 4. The petitioner shall produce a copy of this judgment before the MACT, who shall pass appropriate orders in the matter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg