IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30501 of 2009(G)
1. MARY MATHEW, PANTHIRUPARAYI,
... Petitioner
2. BINOSH MATHEW, PANTHIRUPARAYIL,
3. JESSY MATHEW,
Vs
1. SANTHOSH, S/O. THANKAPPAN,
... Respondent
2. K.K. ANWAR, S/O. KHADER,
3. THE UNITED INDIA INSURANCE CO. LTD,
For Petitioner :SRI.ALEX GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/11/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No. 30501 of 2009 G
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Dated this the 6th day of November, 2009
J U D G M E N T
The petitioners are claimants in OP(MV) No.1301/2004
in which amounts have been awarded as compensation for the
death of P.M.Mathew, the husband of the first petitioner and father
of the others. Out of the amounts awarded, certain amounts are
lying in fixed deposit in the name of each of the petitioners. They
filed petitions before the Tribunal for release of the fixed deposits
on the ground that the amounts are needed for paying off the loan
taken from the husband of the third petitioner, who is now
constructing a house for which funds are needed. Those petitions
have been dismissed by the Tribunal by Ext.P2 series orders on
the ground that the reason was created and not bona fide. The
petitioners have filed this writ petition challenging those orders.
2. After hearing the counsel for the petitioner, I am not
inclined to direct the Tribunal to release the fixed deposit in
respect of the first petitioner, who is the widow of the deceased.
However, in view of the fact that the husband of the third petitioner
WPC.30501/09
: 2 :
himself needs money for construction of a house and the second
petitioner is the son, I think that there cannot be any harm in
disbursing the amounts deposited in the names of petitioners 2
and 3. Accordingly, the rejection of the application in respect of
the fixed deposit in the name of the first petitioner would stand
confirmed. However, the Tribunal shall take steps to release the
amounts deposited in the names of petitioners 2 and 3
immediately.
The writ petition is disposed of as above.
(S. SIRI JAGAN, JUDGE)
aks