IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 20190 of 2009(P) -------------------------- OPMV.80/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... PETITIONER(S): --------------- KOCHI, 66 YEARS, W/O. SANKARAN, PATTATHU VALAPPIL, P.O. VATTAMKULAM. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- UNITED INDIA INSURANCE CO LTD., SABKA BUILDINGS, P.B. NO. 59, THAZHEPALAM, TIRUR 676 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20190 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th October, 2009. J U D G M E N T The petitioner in this writ petition is the petitioner in O.P(MV) No. 80/1998 before the M.A.C.T., Tirur. By Ext. P1 award, compensation amounting to Rs. 2,39,900/- with interest thereon was awarded to the petitioner with cost of Rs. 1500/-. Out of the same, Rs. 4373/- was to be appropriated as court fees. The Tribunal directed payment of Rs. 50,000/- to the petitioner and deposit of the balance amount in a nationalised bank for a period of five years with permission to the petitioner to draw periodical interest for her livelihood. The award is dated 27-4-2004. The petitioner now urgently needs money for paying off the debt due from her son, who is the only surviving support of the petitioner, her other son having died in the accident which gave rise to the O.P (MV) and her husband having died during the pendency of the O.P (MV). Therefore, the petitioner filed a petition before the M.A.C.T for releasing the amounts required for settling the debt and to pay the same directly to the bank. The same was rejected by Ext. P4 order holding that such need is not a bona fide need. The petitioner has filed this writ petition challenging Ext. P4 order seeking the following reliefs: “(i) To call for the records leading to Ext. P4 order dated 4-5- 2009 and set aside the same. (ii) To allow I.A.No. 1285 of 2009 in O.P.(MV) No. 80 of 1989 of the MACT, Tirur by allowing to transfer the money due to the Ponnani Co-op. Agricultural and Rural Development Bank Ltd., No. M.398, Ponnani A/c. No. 745 PNF.” 2. A per Ext. P1 award, the amount was directed to be deposited for a period of 5 years. That period is already over. If the petitioner cannot use the compensation amount to help her son, it W.P.C. No. 20190/09 -: 2 :- would be not of much use to her in her old age, especially since if the son does not pay off the debt, the house in which she resides itself may be lost to her. In the above circumstances, I am satisfied that the petitioner has made out a case for release of that much amount required for paying off the debt due from the petitioner's son to the Ponnani Co-operative Agricultural and Rural Development Bank Ltd. In the above circumstances, the writ petition is allowed and the M.A.C.T., Tirur is directed to see that the amount required for paying off the debt due from the petitioner's son to Ponnani Co-operative Agricultural and Rural Development Bank Ltd., is paid directly to the bank by issuing appropriate instruction to the bank, where the deposit is made. The balance amount shall be kept in deposit with liberty to the petitioner to draw monthly interest. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.