IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3208 of 2008(F) ------------------------- OPMV.581/2001 of 1st ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER: PETITIONER ------------ N.BINU, AGED 30 YEARS, SON OF RAVINDRAN, MENORI HOUSE, (SREE SREYAS), P.O.ERANHIKKAL, KANDAMKULANGARA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT: RESPONDENT ------------- THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., PARCO TOWER, P.B.NO.207, P.M.TAJ ROAD, KOZHIKODE-673 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.3208 of 2008 ------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT By Ext.P1 award in O.P.(MV) No.581/01, compensation was allowed to the petitioner. It was directed that a portion of the amount shall be deposited in a nationalised Bank. It is submitted by the petitioner that accordingly a substantial portion has been deposited as ordered by the Tribunal. Subsequently, it is seen that a total amount of Rs.1,00,000/- was released to the petitioner and that thereafter the petitioner filed Ext.P7 application requesting for release of the balance amount in deposit and this was considered by the Tribunal, which passed Ext.P8 order declining request stating that the deposit has not matured and that the reason is not convincing. 2. I have gone through the Ext.P7 application made by the petitioner. Apart from the requirement of funds for meeting the medical expenses, petitioner also urges that his house is under mortgage and that the said mortgage has also to be redeemed. Exts.P3 to P6 have been produced by the petitioner WPC3241/2008 2 to sustain the contentions regarding the mortgage and other liabilities. In view of this, I cannot endorse the finding of the Tribunal that the reasons stated by the petitioner is not convincing. Accordingly, I dispose of this writ petition directing that the Tribunal shall allow the petitioner to withdraw the amount in deposit of production of a copy of this judgment. ANTONY DOMINIC, JUDGE csl