IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 35879 of 2007(Y) --------------------------------- OPMV.1154/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL ............................................... PETITIONER: -------------- SYAMALA, W/O.LATE SOMAN, AGED 48 YEARS, CHARUVILA PUTHEN VEEDU, AZHANKONAM, THOTTAKKADU, KARAVARAM, THIRUVANANTHAPURAM DIST. BY ADV. SRI.J.JAYAKUMAR RESPONDENT: ---------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 35879 OF 2007 U ==================== Dated this the 9th day of June, 2008 J U D G M E N T Ext.P1 is an award rendered by the MACT, Attingal in OP(MV) No.1154/96 on 22nd of February, 2001 directing that the compensation awarded shall be deposited within one month and that the amount deposited will remain in Fixed Deposit for three years. Petitioner submits that the KSRTC did not deposit the award amount and finally she had approached this court by filing WP(C) No.10882/07. By judgment dated 10th April, 2007, this court directed the KSRTC to deposit the amount before the Tribunal within 3 months. Petitioner submits that in pursuance to the judgment, the amount was deposited on 20th of July, 2007. Thereafter the petitioner filed Ext.P3 before the Tribunal requesting that the amount deposited may be permitted to be withdrawn and that was considered by the Tribunal and by order dated 26th November, 2007, Tribunal rejected it on the ground that the amount is to remain in deposit for the period specified in Ext.P1. 2. As already noticed, Ext.P1 award rendered on 22nd of February, 2001 required that the amount shall be deposited within one WPC 35879/07 : 2 : month. But then factually the amount was deposited only after more than 6 years. It is thereafter that the petitioner made Ext.P3 application and that is rejected by Ext.P4 dated 26th November, 2007. Since the deposit itself was highly belated, the petitioner is already deprived of the fruits of Ext.P1 for almost 7 years. I think ends of justice will be defeated if the amount is not allowed to be withdrawn, atleast at this stage. Therefore quashing Ext.P4, I direct that the MACT, Attingal will permit the petitioner to withdraw the amount in deposit in pursuance to Ext.P1 award rendered by it in OP(MV) No.1154/96. 3. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the Tribunal for compliance. ANTONY DOMINIC JUDGE Rp