IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 W.P(C).No. 18901 of 2008(A) ---------------------------------- AGAINST THE ORDER DATED 14/05/2008 IN IA NO. 328/08 IN OP(MV) NO.280/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .............................................. PETITIONER: --------------- M.GEETHA, W/O.LATE M.M.RAJEEVAN, AGED 29 YEARS, MANIYERI HOUSE, KAYYUR P.O., KAYYUR, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT: ---------------- NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, ST.JOSEPH'S PRESS BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM - 14. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 18901 OF 2008 - A = = = = = = = = = = = = = = = Dated this the 24th June 2008 J U D G M E N T Petitioner was one of the claimants before the M.A.C.T., Kasaragod in O.P.(MV) No. 280/02, consequent on the death of her husband. Award was rendered and compensation awarded has been apportioned among the claimants and is in deposit. The claimants were not satisfied with the amount awarded and they had filed appeal against the award as M.A.C.A. No. 87/06. A Division Bench of this Court by Ext. P2 judgment disposed of the appeal granting enhancement of compensation. Accordingly, the enhanced compensation has been deposited by Ext. P3 and the apportioned amount of the enhanced compensation has been disbursed to the parents, who are respondents 4 and 5 herein. In so far as the petitioner's share is concerned, by filing Ext. P4 she sought its release, but without assigning any reason the Tribunal by Ext. P5 order directed deposit of her share as F.D. for a period of 3 years. It W.P.(C) No.18901 OF 2008 - 2 - is challenging Ext. P5 to the extent it directs deposit of the share of her compensation, that this writ petition has been filed by the petitioner. 2. As can be seen from Ext. P4 affidavit filed by the petitioner, she is incurring heavy expenditure for the education of her minor children and for the maintenance of the parents who have already reached old age. According to her, she is in debt and for subsistence she wanted additional finance. On this basis she sought to justify her request for releasing her share. Ext. P5 shows that none of these reasons have been considered by the Tribunal and without taking note of the reasons urged, the Tribunal directed deposit of the amount due towards her share. 3. In my view, the Tribunal has not dealt with Ext. P4 application properly. In view of the mechanical manner in which her request has been dealt with by the Tribunal, I cannot sustain Ext. P5 to the extent the Tribunal has directed deposit of the petitioner's share in F.D. for 3 years. 4. Accordingly, Ext. P5 to the extent it directs deposit of the petitioner's share in F.D. will stand set aside and the Tribunal shall W.P.(C) No.18901 OF 2008 - 3 - allow the prayer of the petitioner for withdrawing her share in the enhanced compensation deposited by Ext. P3. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-