IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27176 of 2008(I) -------------------------- OPMV.689/1996 of II ADDL. M.A.C.T., KOZHIKODE .................... PETITIONERS: ------------ 1. DHANYA.M.B, AGED 22, D/O.LATE BALAKRISHNAN, DOCTORS QUARTERS, NIRMALA HOSPITAL, VELLIMADUKUNNU.P.O, KOZHIKODE. 2. DEEPTHI.M.B, AGED 18 YEARS, D/O.LATE BALAKRISHNAN, DOCTORS QUARTERS, NIRMALA HOSPITAL, VELLIMADUKUNNU.P.O, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: ------------- UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ARAFA BUILDING, 2ND FLOOR, COURT ROAD, MANJERI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 27176 OF 2008 I = = = = = = = = = = = = = = = = = Dated this the 5th day of September 2008 J U D G M E N T Petitioners were claimants 2 and 3 in O.P.(MV) No. 689/96 in which Ext. P1 award was passed, granting compensation following the death of their father. At the time when the award was passed, they were minors and their share of compensation was ordered to be kept in deposit. Now they are undergoing studies in the Engineering College and stating that in order to meet their educational expenses they need the amount in deposit to be released, Exts. P2 and P3 applications were filed. In Ext. P2 the Tribunal ordered release of Rs.50,000/- and in Ext. P3 the Tribunal ordered release of 1/3rd. It is challenging these orders the writ petition is filed. 2. Having regard to the fact that the need urged by the petitioners was the educational expenses, I do not think that the Tribunal has committed any perversity by permitting the release only partially. Though the learned counsel for the petitioners submit W.P.(C) No. 27176 OF 2008 -2- that being educated youth they want to make better utilisation of the amount available and since it was not the reason stated in the Tribunal, I am not inclined to entertain this plea. 3. However, having regard to the fact that the petitioners have now become majors and if there is any need justifying the release of the compensation awarded, it will be open to the petitioners to make appropriate application before the Tribunal, in which case the Tribunal shall consider the request untramelled by the order that is now passed. The writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-