IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 2002 of 2010(A) ------------------------------------- IA .NO.2967/09 IN O.P(MV).NO.64/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... PETITIONER: ------------------- HEMALATHA,W/O.LATE RAJENDRAN, AGED 34 YEARS,PUTHUKONATH PARAMBA,KOMMERI.P.O, VALAYANAD,KOZHIKODE, PIN:673 007. BY ADVS. MR.P.V.KUNHIKRISHNAN, MR.HANSON.P.MATHEW. RESPONDENT: ---------------------- UNITED INDIA INSURANCE COMPANY LIMITED, THAMARASSERY,VELIMANNA BUILDINGS,CALICUT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.2002 of 2010 ---------------------------- Dated 21st January, 2010 JUDGMENT The petitioner's husband, late Rajendran, succumbed to the injuries sustained by him in a motor accident. The petitioner and her minor sons thereupon filed O.P.(M.V)No.64 of 2004 on the file of the Motor Accidents Claims Tribunal, Kozhikode. By Ext.P1 award passed on 25.3.2009, the Tribunal awarded the sum of Rs.4,56,111/= together with interest thereon at 7% per annum from the date of the claim petition till realisation as compensation. It was held that the petitioner and her two sons will be entitled to share the compensation equally. The Tribunal directed the respondent herein, the insurer of the offending vehicle, to pay the award amount. The Tribunal also directed the insurance company to produce four cheques, out of which one for the sum of Rs.25,000/= drawn in favour of the petitioner was to be made over to her on such production. The Tribunal further directed that the amount payable as compensation to the minor children of the deceased should be deposited in a Nationalised Bank in fixed deposit till they attain majority and the balance compensation payable to the petitioner shall be deposited in a Nationalised Bank in fixed deposit for a period of one year. As regards the share of WP(C).No.2002/2010 2 compensation payable to the minor children, the Tribunal directed that the amount shall be disbursed when they attain majority. 2. Pursuant to Ext.P1 award, the respondent insurer deposited a cheque dated 15.6.2009 for Rs.25,000/= drawn in favour of the petitioner herein and three other cheques dated 15.6.2009, two of them for the sum of Rs.1,86,695/= and the third for the sum of Rs.1,57,695/= drawn in favour of the Motor Accidents Claims Tribunal, Kozhikode. Upon the cheques being produced, the cheque for the sum of Rs.25,000/= was handed over to the petitioner and it was encashed by her. The amount covered by the cheque for the sum of Rs.1,57,695/= was deposited for a period of one year in a Nationalised Bank. The amount covered by the other two cheques was deposited in a Nationalised Bank in the name of the petitioner's minor sons, in fixed deposits till they attain the age of majority. After the cheques were produced, the petitioner filed I.A.No.2967 of 2009 dated 3.7.2009 for an order directing payment of the sum of Rs.1,57,695/= to her. The said application was considered by the Tribunal and rejected by order passed on 13.8.2009. The Tribunal however directed payment of interest that has accrued on the deposit till date to the petitioner. The said order is under challenge in this writ petition. The petitioner submits that she is unemployed, that she and her children are WP(C).No.2002/2010 3 depending on others for their livelihood, that her sons are school going children and that in order to meet the expenses of their education and for their livelihood she had to borrow heavily from near relatives and others. She states that she also has to re-pay the loans availed by her and to meet the expenses for the continued education of her children. It was on these grounds that she requested for the payment of the sum of Rs.1,57,695/= lying in deposit. 3. The petitioner's husband passed away on 22.8.2003, more than six years back. The claim petition was filed in the year 2004 itself. Ext.P1 award was passed in the said claim petition on 25.3.2009. As directed therein, the insurer deposited the award amount by cheques on 15.6.2009. Upon such deposit being made, the sum of Rs.25,000/= was disbursed to the petitioner and the balance amount of Rs.1,57,695/= was deposited in a Nationalised Bank in fixed deposit for a period of one year. More than six months have passed thereafter. In my opinion, in view of the fact that more than six years have passed after the petitioner lost her husband and the fact that she has to look after her two school going children, the Tribunal ought to have, instead of permitting her to draw only the accrued interest, directed payment of at least a portion of the amount in deposit. I accordingly allow this writ petition and in modification of the order WP(C).No.2002/2010 4 passed by the Motor Accidents Claims Tribunal, Kozhikode direct that the sum of Rs.1,00,000/= from the amount lying in deposit in the name of the petitioner shall be released to her. It will be open to the petitioner to move the Motor Accidents Claims Tribunal, Kozhikode seeking such payment and upon such application being made, the Tribunal shall pass appropriate orders within two weeks. The balance amount, after payment of the sum of Rs.1,00,000/= shall be retained in fixed deposit for the period of one year specified in Ext.P1 award and shall be released to the petitioner on the expiry of the said period. P.N.RAVINDRAN Judge TKS