The petitioner has filed this writ petition challenging Ext.P6 order of the Motor Accidents Claims Tribunal, Kozhikode dismissing an application submitted by the petitioner seeking premature closure of the Fixed Deposit in which a portion of the compensation granted to him as per the Award in O.P.(MV) No.1756/2010 is deposited. The reasons stated for seeking release of the amount is that he has to re-pay certain loans that he has availed from M/s.Sundaram Finance Ltd. as well as from HDFC. Exts.P2 and P3 are relied upon in support of the above contention. 2. The Motor Accidents Claims Tribunal, Kozhikode has considered the above aspect. The petitioner had been paid an amount of ₹5,00,000/- out of the Award amount. The balance amount was deposited only on 1.1.2014. It has been found by the Tribunal that the loans referred to were availed only after O.P.(MAC) No.78 of 2014 -: 2 :-
the date of passing of the Award. Therefore, the request of the petitioner has been disallowed.
3. The petitioner is an employee of the Kerala Water Authority. Therefore, he is drawing his salary every month. The contention of the counsel for the petitioner is that since he has difficulty in travelling by bus, he has purchased a car. He has also constructed a house. As rightly noticed by the Tribunal, the loans are to be repaid through monthly instalments. No material or evidence has been placed before me to support the contention that there is necessity for the petitioner to close the loans immediately. I am not satisfied that the reason stated for release of the amount remaining in the Fixed Deposit is justifiable.
For the above reasons, I do not find any grounds to set aside Ext.P6 order or to grant an order for releasing the amount. This Writ Petition fails and is accordingly dismissed.
Sd/-
K. SURENDRA MOHAN, JUDGE.
Jvt