IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24867 of 2009(C) -------------------------- OPMV.1985/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: --------------- K.B.MAKKAR,S/O.LATE BAVA,KOCHUMADATHIL HOUSE,PALAPPRASSERY,CHANGAMMANADU. BY ADV. SRI.T.ABY JACOB SMT.K.G.SAROJINI RESPONDENTS: --------------- 1. SHIJI.M.R,KOTTUNGAL(H),VENGINISSERY. 2. RAJESH.G.KOTTUKKAL,KOTTUKKAL HOUSE, VENGINISSERY. 3. NATIONAL INSURANCE COMPANY LTD, KOCHI. 4. MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR. BY GOVT. PLEADER SRI.P. N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.24867 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioner is the claimant in O.P(MV) No.1985 of 2004. An award was passed on 26.6.2008 directing deposit of an amount of Rs.67,700/-. Out of the award amount Rs.61,152/- was deposited in the name of the petitioner in Indian Overseas Bank, Perumbavoor branch. Petitioner then filed an application I.A 2784/2009 for permission to withdraw the amount. This has been dismissed under Ext.P3 which is under challenge in the writ petition. 2. The reason put forward by the petitioner is that he had taken a loan from the Alwaye Urban Co-operative Bank for Rs.1,80,000/-. The amount is to be repaid. He therefore proposes to get the fixed deposit released and see that the amount is utilised for repayment of the loan. 3. The Tribunal has not given any reason for rejecting the application. W.P ( C) No.24867 of 2009 2 4. In the result, Ext.P3 is set aside. The petitioner can be permitted to redeem the fixed deposit provide it is utilised for repaying the loan availed from the Alwaye Urban Co-operative Bank. Keeping the aforesaid in mind, the Tribunal shall pass fresh orders on Ext.P2 within one month from the date of receipt of a copy oft his judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.24867 of 2009 3 W.P ( C) No.24867 of 2009 4 (V.GIRI,JUDG E) ma W.P ( C) No.24867 of 2009 5 W.P ( C) No.24867 of 2009 6