JAMEELA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE writ petition is filed seeking to set aside Ext.P4 order, to allow Ext.P3 application and to permit the petitioner to withdraw the FDR amount in deposit in her name.

(2.) THE petitioner is the second claimant in O.P. (M.V.) No. 528 of 2007 on the file of the Motor Accidents Claims Tribunal, Palakkad. The claim petition was allowed and an Award was passed directing the respondent company to pay an amount of Rs. 4,07,500.00 with 7.5% interest and Rs.1,500.00 as cost. An amount of Rs.1,83,197.00 is deposited in the petitioner's name till 10-5-2013.

(3.) THE petitioner submitted Ext.P3 application to withdraw the FDR amount in deposit in her name for the purchase of a property. It is stated in Ext.P3 application that the petitioner does not have a house of her own and is staying in a rented house along with her children. It is also stated in Ext. P3 application that the petitioner had entered into an agreement for purchase of a house and compound in Kozhipathy village for a total sale consideration of an amount of Rs.2,00,000.00. Ext P2 is the agreement dated 13-7-2011. As per the terms of Ext.P2 agreement, the petitioner paid an amount of Rs.10,000.00 as advance. The petitioner is a coolie worker and she has no other source of income. The last date for execution of agreement expired on 12-10-2011. Understanding the difficulty of the petitioner, the seller has agreed to extend the time a little further.