IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36163 of 2009(M)
1. SALEENA, W/O.ABDUL JABBAR,
... Petitioner
Vs
1. NATIONAL INSURANCE CO.LTD., MANJERI.
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/12/2009
O R D E R
S. SIRI JAGAN, J
................................................
W.P(C) No. 36163 of 2009
.................................................
Dated this the 15th day of December, 2009
J U D G M E N T
The petitioner is one of the claimants in O.P.(M.V.) No. 534
of 2006 before the Motor Accidents Claims Tribunal, Tirur. The
O.P. was filed by the legal heirs seeking compensation for death
of the 1st petitioner’s husband in a motor accident.
Compensation has been awarded by Ext.P1 award. The balance
amounts due after releasing a portion of the same to the
claimants was directed to be kept in fixed deposit as per the
award. The amount now in deposit is Rs.5,34,175/-. The
petitioner filed an application before the Tribunal for release of
the amount for the purpose of the marriage of the petitioner.
The Tribunal rejected the same by Ext.P6 order, wherein it has
been held that already an amount of Rs.2 lakhs has been
released in addition to the initial amount of Rs.30,000/-. The
reason stated by the petitioner that she wants to purchase gold
ornaments, which not find favour with the Tribunal. The
petitioner challenges Ext.P6 order.
2. According to the petitioner, it is customary that at least
W.P(C) No. 36163 of 2009 -2-
40 sovereigns of gold should be given to the petitioner, for which
the large amounts are necessary. After hearing the counsel for
the petitioner and perusing Ext.P6, I do not find any infirmity in
the said order. However, taking a lenient view, I direct the
Tribunal to release Rs.1 lakhs from out of the deposit.
The writ petition is disposed of as above.
sd/-
S. SIRI JAGAN, JUDGE
rhs
// True copy //
PA to Judge