IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 RP.No. 657 of 2010(K) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19947/2009 Dated 16/07/2009 .................... REVIEW PETITIONER(S): RESPONDENTS IN WP(C) ------------------------------------------------------------------------- MANAGING DIRECTOR,THE KERALA STATE ROAD TRANSPORT CORPORATION,THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S):/ PETITIONER ---------------------------------------------- M.VALLY,AGED 53 YEARS, W/O.LATE HARSHAN,VISHNU KRIPA,H.NO.49/145 B, PARAYIL ROAD,ELAMAKKARA,ERNAKULAM-682 026. ADV. SRI.GEO PAUL FOR R1 SRI.SANU MATHEW FOR R1 SRI.C.R.PRAMOD FOR R1 SRI.NOEL JOSEPH FOR R1 SRI.M.B.SANDEEP FOR R1 SRI.REJANISH.K.V. FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb P.N.RAVINDRAN, J. ---------------------------------- R.P.No.657 OF 2010 In W.P.(C)No. 19947 OF 2009 --------------------------------------------- Dated this the 31st day of May, 2011 ORDER This is an application filed by the respondent in W.P.(C) No.19947 of 2009 seeking a review of the judgment delivered on 16.07.2009. By the said judgment, this Court directed the Managing Director of the Kerala State Road Transport Corporation to deposit the amount covered by Ext.P1 award passed in OP(MV)No.2370 of 2001 on the file of the Motor Accidents Claims Tribunal, Erankulam, within six months from that date of receipt of a copy of the judgment. 2. The main contention raised by the petitioner is that such a direction happened to be issued in view of the submission made by the learned standing counsel for the Kerala State Road Transport Corporation that steps will be taken to comply with the award and that such a submission was made overlooking the fact that MACA.No.829 of 2009, the appeal from Ext.P1 award passed by the Motor Accidents Claims Tribunal had been filed in R.P.No.657 OF 2010 In W.P.(C)No. 19947 OF 2009 2 the year 2009 and was pending in this Court. 3. It is now conceded at the Bar that M.A.C.A.No.829 of 2009 was finally heard and disposed of by a Division Bench of this Court by judgment delivered on 9.2.2011. The Division Bench held that the insurer who was impleaded as additional 6th respondent in the appeal is liable to pay the compensation awarded by the Motor Accidents Claims Tribunal as the bus involved in the accident was covered by a valid insurance policy on the date of the accident. However, for the reason that the insurer was impleaded only on 1.12.2010 the Division Bench held that the Kerala State Road Transport Corporation will pay the interest on the compensation awarded by the Tribunal till 30.11.2010 and the insurer need pay the interest only from 1.12.2010. In the light of the said decision of the Division Bench of this Court, I am of the opinion that the petitioner is entitled to succeed. R.P.No.657 OF 2010 In W.P.(C)No. 19947 OF 2009 3 I accordingly allow the review petition and recall the judgment delivered on 16.7.2009 in W.P(C)No.19947 of 2009. The Registry is directed to post the writ petition on 6.6.2011 as per roster along with Contempt Case No.812 of 2010. P.N.RAVINDRAN, JUDGE dmb