IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 15377 of 2009(N) -------------------------- {OPMV.359/1998 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR} .................... PETITIONER(S): --------------- MASTER SACHIN, (MINOR), AGED 16 YEARS (DATE OF BIRTH 10.11.1992) REPRESENTED BY HIS FATHER AND NEXT FRIEND N.P.VARGHESE, S/O.POULOSE NJALIYATH HOUSE, MOOKANNOORE PO, ERNAKULAM DIST. BY ADV. SRI.JIJO JOSEPH SRI.RAJESH THOMAS RESPONDENT(S): --------------- NEW INDIA ASSURANCE CO.LTD ALUVA ROAD, ANGAMALY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.15377 of 2009 ---------------------------------------- Dated this the 24th day of August, 2009. JUDGMENT The petitioner minor is represented by his father. He is the decree holder in O.P.(MV)No.359/98 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, which was filed claiming compensation for the injuries sustained by the petitioner. 2. The petitioner filed an application before the Motor Accidents Claims Tribunal, to permit him to withdraw the balance amount of Rs.1,29,834/- deposited in court on 20.1.2003. The father had filed an affidavit pointing out that he has purchased a property in the name of his son and he requires the amount to send the boy to a coaching class for preparing him for the Engineering Entrance Examination. The Tribunal rejected the application and hence this writ petition. 3. This writ petition was directed to be posted before the High Court Lok Adalath as per order dated W.P.(C).No.15377 of 2009 :: 2 :: 4.6.2009. This court had also passed an order directing the petitioner's father to file an affidavit affirming certain details. It seems that the father has filed an affidavit also. The Lok Adalath had summoned the minor and the father and had opined as follows: “In the circumstances, it will be desirable that the petitioner may be allowed to withdraw appropriate amount from the amount in deposit. The purpose can be achieved by allowing the petitioner to withdraw the accrued interest till today and to take a loan of the amount not exceeding Rs.1,00,000/- (Rupees One lakh) out of the fixed deposit. With this report, the file may be returned to the Court.” 4. I heard learned counsel for the petitioner. 5. In the circumstances, I am of the view that the recommendations made by the Lok Adalath can be accepted. 6. I have gone through the averments in the writ petition and after hearing learned counsel for the petitioner, I am satisfied that the next friend and W.P.(C).No.15377 of 2009 :: 3 :: father guardian had no interest adverse to that of the minor. 7. Accordingly, Ext.P7 is set aside and the Tribunal is directed to pass fresh orders permitting the petitioner to withdraw such amount as has accrued in his Fixed Deposit account as interest and also permit him to take a loan from the said fixed deposit for an amount not exceeding Rs.1,00,000/- (Rupees One lakh only). Consequential orders shall be passed within two weeks from the date of production of a copy of this judgment before the Motor Accidents Claims Tribunal, Perumbavoor. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge