IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27955 of 2009(L) -------------------------- AGAINST THE ORDER DATED / / IN IA.4145/2009 IN OPMV.373/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER(S): --------------- ANEESA M., D/O.ABDULLA, AGED 21 YEARS, MULLAMADAKKAL HOUSE, KARUMARAKKAD AMSOM DESOM, VAZHAKKAD VIA., ERNAD TALUK, MALAPPURAM, NOW RESIDING AT NADUKANDI HOUSE, PALLIPADI, P.O.NALLUR, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. RETNA E., W/O.SADANANDAN A., ASARIKANDIYIL HOUSE, CHELAVOOR P.O., KOZHIKODE. 2. PRAVEENKUMAR O., S/O.NARAYANAN, OTHAYAMANGALATH HOUSE, CHERUKULATHOOR P.O., KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 27955 of 2009 ................................................. Dated this the 6th day of October, 2009 J U D G M E N T The petitioner has filed this writ petition with a complaint that although in Ext.P1 award of the Motor Accidents Claims Tribunal, there is a specific direction that the petitioner can withdraw the compensation amount at the time of her marriage her application for withdrawal of the amount at the time of her marriage, has been rejected by the Tribunal as per Ext.P3 order. 2. I have heard the counsel for the petitioner. 3. In Ext.P1 award it is specifically stated thus regarding the compensation amount: “The said amount would be depostied in a Nationalized Bank and she can withdraw the same at the time of her marriage (Presumed so) or on maturity after five years.” 4. The petitioner has produced evidence to show that her marriage was solemnized on 24.9.2009. She had applied for release of the amount before that date. That being so, that contingency contemplated in Ext.P1 award has happened. Therefore the Tribunal could not have refused to permit the W.P(C) No. 27955 of 2009 -2- petitioner to withdraw the amount as directed in Ext.P1 award. Accordingly the order in I.A. 4145 of 2009 of the Motor Accidents Claims Tribunal, Kozhikode is quashed. The Tribunal is directed to pass orders releasing the amount to the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs