IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29001 of 2009(U) -------------------------- OPMV.1944/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... PETITIONER(S): --------------- ASOKAN M.K., KRISHNAN, HOUSE NO. X/73, M ANAYIL HOUSE, KUZHIKKATTUSSERY, THRISSUR DIST. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- THE MANAGER NATIONAL INSURANCE COMPANY LTD., NAGARCOIL, KANYAKUMARI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.29001 of 2009 ================== Dated this the 16th day of October, 2009 J U D G M E N T The petitioner is a claimant in O.P(M.V).No.1944/2004 before the Motor Accidents Claims Tribunal, Irinjalakuda. By Ext.P5 award, an amount of Rs.4,80,000/- was directed to be paid to the petitioner as compensation less Rs.25,000/- paid under Section 140 of the Motor Vehicles Act, out of which Rs.2 lakhs was directed to be released to the petitioner. Out of the balance Rs.1 lakh was directed to be deposited in the name of the petitioner for one year. The balance still due less court fee was directed to be deposited in the name of the petitioner for three years in the Union Bank of India, Irinjalakkuda. The petitioner now submits that he is badly in need of money to pay off the debt due from him to the Nedupuzha Service Co-operative Bank Ltd., No.555. The petitioner submits that he has no other source for paying off the debt and if the petitioner does not pay off the amounts, his property is likely to be proceeded against for recovery. Therefore, the petitioner filed Ext.P3 petition before the Tribunal for release of fixed deposit of Rs.1,50,377/- and interest thereon to the petitioner. By Ext.P4, the Tribunal rejected the request on the ground that it would be against the interest of the petitioner to release the amount in deposit. 2. I have heard the counsel for the petitioner. 2 3. I am of opinion that if the petitioner cannot use the amount of compensation to save his property, then it would be of not much use to him in this life. That being so, out of the amount in deposit, the amount required for paying off the debt due to the Nedupuzha Service Co-operative Bank Ltd., No.555, Nedupuzha, Trichur, Branch Kanimangalam can be directed to be paid. Accordingly, this writ petition is disposed of with a direction to the Tribunal to arrange for issuing a cheque for the amount covered by Ext.P2 directly to the Nedupuzha Service Co-operative Bank Ltd., Branch Kanimangalam, as expeditiously as possible. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge