IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 24226 of 2008(H) -------------------------- OPMV.752/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: ------------ RANI, W/O. JOSE, MANJALI HOUSE, THURAVOOR VILLAGE ERNAKULAM DISTRICT BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT: ------------- THE ORIENTAL INSURANCE CO.LTD REPRESENTED BY ITS BRANCH MANAGER BRANCH OFFICE, ANGAMALY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24226 OF 2008 H = = = = = = = = = = = = = = = = = Dated this the 12th day of August 2008 J U D G M E N T The challenge in this writ petition is against Ext. P3 order passed by the MACT, Perumbavoor in I.A. No. 2256/08 in O.P(MV) No. 752/03. The petitioner was the claimant in the aforesaid O.P. and that a portion of the compensation is in deposit as per Ext. P1. Seeking release of the amount in deposit, petitioner had filed Ext. P2, I.A. No. 2256/08, stating that she is in need of money and that she intends to construct a small house. However, the Tribunal rejected the request by Ext. P3 which is under challenge. 2. The Tribunal has declined to place reliance on the agreement produced by the petitioner and held that the intention of the petitioner to construct a house is not proved. In my view, when the petitioner has filed a solemn affidavit before the Tribunal pointing out her necessity to have the amount in her name released, instead of taking a technical approach the Tribunal ought to have W.P.(C) No. 24226 OF 2008 -2- taken a realistic attitude and considered the request. The Tribunal also has not stated why reliance cannot be placed on the agreement produced. The reason stated by the Tribunal for rejecting the request made by the petitioner does not appeal to me and Ext. P3 will stand quashed. The Tribunal is directed to allow the release sought for by the petitioner on production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-