IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
OP (MAC) NO. 96 OF 2021
OPMV 1738/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
PETITIONER:
1 ATHIRA S CHERUVALLY,AGED 18 YEARS,D/O SUBRAMANIAN,
NAVANEETHAM HOUSE, KARAKKAD ROAD, NEAR AYURVEDA NURSING
HOME, GURUVAYOOR P.O, THRISSUR-680101.
2 ASWATHY S.CHERUVALLY, AGED 18 YEARS,D/O SUBRAMANIAN,
NAVANEETHAM HOUSE, KARAKKAD ROAD, NEAR AYURVEDA NURSING
HOME, GURUVAYOOR P.O, THRISSUR-680101.
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A
RESPONDENT:
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
POOTHOLE P.O, THRISSUR, PIN-680004, REPRESENTED BY ITS
DIVISIONAL MANAGER.
ADV.K.S. SANTHI
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(M.A.C) NO.96 OF 2021
2
JUDGMENT
The petitioners are twin sisters. Their father Mr.Subramanian died in a road accident on 10.12.2007. O.P(MV) was filed before the Tribunal seeking compensation in which an award was passed. The petitioners were minors and the award amount was deposited in Fixed Deposits in a Bank. Petitioners moved applications before the Tribunal on I.A Nos.5 of 2021 and 6 of 2021 seeking permission to withdraw the amounts covered under the Fixed Deposits. The request was rejected as per Exts P4 and P7 orders. It is aggrieved thereby that the petitioners have approached this Court by way of this original petition.
2. Heard the learned counsel on both sides.
3. The need projected by the petitioners is to meet expenses in relation to their education. To prove the genuineness of the claim, they have produced Exts P2 and P5 documents issued by the O.P(M.A.C) NO.96 OF 2021 3 colleges. Considering the Exhibits and the age of the petitioners, there is no reason to assume that the claim made is not bonafide. In the circumstances, I am of the opinion that out of the Fixed Deposit amounts an amount of Rs.3 Lakhs could be permitted to be withdrawn by each of the petitioners.
Accordingly, the original petition is allowed. Exts P4 and P7 orders in I.A Nos.5 of 2021 and 6 of 2021 in O.P(M.V) No.1738 of 2009 of MACT, Thrissur are set aside. The respective petitioners are permitted to withdraw an amount of Rs.3 Lakhs from their respective accounts. The Tribunal shall pass further directions for compliance with the formalities.
Sd/-
SATHISH NINAN JUDGE vdv O.P(M.A.C) NO.96 OF 2021 4 APPENDIX OF OP (MAC) 96/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AWARD IN OP (MV) NO.1738 OF 2009 PASSED BY THE HON'BLE IIIRD ADDITIONAL DISTRICT/MOTOR ACCIDENTS CLAIMS, TRIBUNAL, THRISSUR DATED 27.04.2016.
Exhibit P2 THE TRUE COPY OF THE APPLICATION FORM OF THE 1ST PETITIONER ISSUED FROM THE AMRITA VISHWA VIDYAPEETHAM, COIMBATORE.
Exhibit P3 TRUE COPY OF THE PETITION IN I.A NO.5 OF 2021 IN OP (MV) NO.1738 OF 2009 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 16.08.2021. Exhibit P4 TRUE COPY OF THE ORDER IN IA NO. 5 OF 2021 IN OP(MV) NO.1738 OF 2009 PASSED BY THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 07.09.2021. Exhibit P5 TRUE COPY OF THE RECEIPT OF PAYMENT OF THE ADVANCE TUITION FEE IN THE VELLOOR INSTITUTE OF TECHNOLOGY IN THE NAME OF THE 2ND PETITIONER DATED 14.07.2021. Exhibit P6 TRUE COPY OF THE PETITION IN I.A NO.6 OF 2021 IN OP (MV) NO.1738 OF 2009 PASSED BY THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 16.08.2021.
Exhibit P7 TRUE COPY OF THE ORDER IN I.A NO.6 OF 2021 IN OP (MV) NO.1738 OF 2009 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 07.09.2021.