IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 32791 of 2008(D) -------------------------------- PETITIONER: -------------- POLICARP PETER, AGED 64 YEARS, S/O.PETER, CHAPRAYIL KIZHAKKATHIL (PAUL NIVAS), NEENDAKARA P.O., KOLLAM NOW RESIDING AT OTTAPLAVIL VEEDU, MATHILIL P.O., THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., KOLLAM BRANCH. SRI. K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32791/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE AWARD DATED 30.06.1997 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA. EXT. P2 : COPY OF THE MEDICAL CERTIFICATE DTD.06.03.2008 ISSUED BY DR.D. ANIL ROBY, CARDIOLOGIST, DR.K. DAMODHARAN MEMORIAL HOSPITAL, HOSPITAL ROAD, KOLLAM. EXT. P3 : COPY OF THE JUDGMENT DT.07.04.2008 IN W.P.(C) No.11774/2008 BEFORE THIS HON'BLE COURT. EXT. P4 : COPY OF the PETITION DTD.18.10.2008 FILED BY THE PETITIONER IN O.P.(MV) No.1246/1994. EXT. P5 : COPY OF THE NOTICE DTD.11.06.2008 ISSUED BY THE PETITIONER'S LAWYER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.32791 of 2008 --------------------------------- Dated, this the 2nd day of February, 2009 J U D G M E N T The petitioner was the claimant in OP(MV) No.1246/1994 on the file of the MACT, Alappuzha. 2. Ext.P1 is a common award in which compensation was awarded in various cases including the OP(MV) filed by the petitioner and referred to above. As per the award 70% of the compensation was ordered to be paid by the KSRTC and 30% by the United India Insurance Company, Kollam. KSRTC deposited its part of the compensation, and pursuant to the interim order passed by this Court on 07/11/2008, the amount has been disbursed to the petitioner. 3. Now what remains is realisation of 30% of the compensation ordered to be paid by the 2nd respondent in this writ petition. Although, notice issued in this writ petition has been served on the 2nd respondent, there is no appearance on their behalf. 4. Now that award has become final and as the KSRTC has discharged its part of the liability, I direct that within two weeks of WP(C) No.32791/2008 -2- production of a copy of this judgment, the 2nd respondent shall pay the full amount that is due under the award to the petitioner. 5. The petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg