IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24226 of 2008(H)
1. RANI,
... Petitioner
Vs
1. THE ORIENTAL INSURANCE CO.LTD
... Respondent
For Petitioner :SRI.E.C.POULOSE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/08/2008
O R D E R
ANTONY DOMINIC, J.
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No. 24226 OF 2008 H
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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
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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/-