IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 14344 of 2009(K) -------------------------- AGAINST THE ORDER DATED 19/02/2009 IN IA 7119 /2008 IN MAC.307/2005 of M.A.C.T.,PERUMBAVOOR .................... PETITIONER --------------- SHINY, W/O.LATE STEPHEN, AGED 37 YEARS, ERATHARA HOUSE, THOTTUVA, KOOVAPADY P.O., PERUMBAVOOR. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT --------------- THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, A.M.ROAD, PERUMBAVOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 14344 of 2009 -------------------------- Dated this the 26th May,2009 J U D G M E N T The petitioner is the first petitioner in M.A.C No.307/2005 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. An award was passed for an amount of Rs.3,73,560/- in favour of the petitioner and her minor children. An amount of Rs.88,222/- out of the share due to the petitioner was deposited in the State Bank of Travancore, Perumbavoor Branch as Fixed Deposit. It matures only on 2.2.2011. Petitioner filed Exhibit-P1 application for a direction to release the fixed deposit in her name. This has been rejected by Exhibit-P2 order stating that the reasons stated by the petitioner are inadequate. Exhibit-P2 has been challenged in the writ petition. 2. I am unable to agree with the Tribunal in this regard. Petitioner only wants permission for release of the fixed deposit which comprises the amount that has been W.P ( C) No. 14344 of 2009 2 awarded in her favour. The deposit made in the name of minor children still remains intact. Petitioner is a widow without any job. In the result, Exhibit-P2 is set aside. I.A No.7119 of 2008 in M.A.C No.307 of 2005 is allowed. The Tribunal shall pass consequential orders allowing the petitioner to release the entire F.D amount as prayed for in Exhibit-P1 within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 14344 of 2009 3 W.P ( C) No. 14344 of 2009 4