IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1720 of 2009(D)
1. VIKRAMAN NAIR,
... Petitioner
Vs
1. COMMISSIONER FOR WORKMEN'S COMPENSATION
... Respondent
2. NATIONAL INSURANCE CO.LTD.
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.1720 OF 2009
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Dated this the 19th day of February, 2009.
JUDGMENT
Petitioner was the claimant in W.CC.No.382/02 before
the Commissioner for Workmen’s Compensation, Trissur.
Ext.P1 is the order passed awarding compensation.
Petitioner submits that he made an application for
withdrawal of the the compensation deposited but
however, the same has not been allowed. It is stated that
although the Insurance Company has filed MFA. No.88/08
there is no order of stay in the MFA and therefore the
petitioner is entitled to have the amount released. Counsel
for the Insurance Company points out that because there
was delay in filing the appeal that they could not obtain
stay of the order in WCC and that steps are being taken to
get an order of stay of releasing the amount due under
Ext.P1.
WP(c).No.1720/09 /2/
From the above it is clear that as on today there is no
stay passed by the Division Bench restraining withdrawal of
the amount deposited as per order in WCC.No.382/02. If that
be so, the claimant is entitled to have the amount withdrawn.
However, having regard to the fact that the MFA filed by the
Insurance Company is already admitted and is pending before
this Court, I direct that if the Insurance Company does not
succeed in obtaining stay and produce the order within 3
weeks from today, it will be open to the petitioner to move
the first respondent for passing orders on Ext.P2 application
made by him in which event the first respondent shall pass
appropriate orders therein.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.1720/09 /2/