IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27955 of 2009(L)
1. ANEESA M., D/O.ABDULLA,
... Petitioner
Vs
1. RETNA E., W/O.SADANANDAN A.,
... Respondent
2. PRAVEENKUMAR O.,
3. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.K.M.FIROZ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/10/2009
O R D E R
S. SIRI JAGAN, J
...............................................
W.P(C) No. 27955 of 2009
.................................................
Dated this the 6th day of October, 2009
J U D G M E N T
The petitioner has filed this writ petition with a complaint
that although in Ext.P1 award of the Motor Accidents Claims
Tribunal, there is a specific direction that the petitioner can
withdraw the compensation amount at the time of her marriage
her application for withdrawal of the amount at the time of her
marriage, has been rejected by the Tribunal as per Ext.P3 order.
2. I have heard the counsel for the petitioner.
3. In Ext.P1 award it is specifically stated thus regarding
the compensation amount:
“The said amount would be depostied in a
Nationalized Bank and she can withdraw the same at the
time of her marriage (Presumed so) or on maturity after
five years.”
4. The petitioner has produced evidence to show that her
marriage was solemnized on 24.9.2009. She had applied for
release of the amount before that date. That being so, that
contingency contemplated in Ext.P1 award has happened.
Therefore the Tribunal could not have refused to permit the
W.P(C) No. 27955 of 2009 -2-
petitioner to withdraw the amount as directed in Ext.P1 award.
Accordingly the order in I.A. 4145 of 2009 of the Motor
Accidents Claims Tribunal, Kozhikode is quashed. The Tribunal
is directed to pass orders releasing the amount to the petitioner.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
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