IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5981 of 2008(K) ------------------------- OPMV.1086/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER: 1 ------------- SUNDARI,W/O.LATE RAMAN,AGED 42 YEARS KOLKARNI HOUSE, CHITHALI, KOYALMANNAM AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- NATIONAL INSURANCE CO.LTD,BRACH OFFICE KOODALLOOR MAIN ROAD,AATTOOR-636 102 TAMIL NADU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5981 of 2008 ------------------------------------- Dated: February 20, 2008 JUDGMENT The petitioner along with her children were claimants in OP (MV) 1086/97 before the MACT, Palakkad. The Tribunal passed Ext.P1 award by which compensation was granted and it is stated that a substantial portion of the amount is still in deposit with the Central Bank of India, Palakkad. It is submitted that pointing out the marriage of the 3rd claimant, petitioner made Ext.P4 application to the Tribunal for withdrawing her share of the compensation. That was declined by the Tribunal by its order dated 7.2.2008. It is challenging the said order, this writ petition has been filed. 2. The Tribunal appears to have adopted a reason that the marriage can be no reason for releasing the deposit to which I cannot agree. However, there is a technical defect that what was sought to be released is the share of the 3rd claimant who is a WP(C) 5981/08 Page numbers major. If her share is to be released, an application ought to have been filed by the claimant herself. This has not been done. Therefore I dispose of this writ petition directing that if the 3rd claimant in OP (MV) 1086/97 before the MACT, Palakkad, files an appropriate application before the Tribunal, the Tribunal shall consider the same and pass orders in the light of the above observations. ANTONY DOMINIC, JUDGE mt/-