IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 31420 of 2002(M) ----------------------- PETITIONER: ------------ * HAMSAKUNJU, S/O. P.S. MOIDEEN BAVA AGED 56 YEARS, DRIVER (RETIRED) P.W.D. ROAD DIVISION, MUVATTUPUZHA, NOW RESIDING AT PUTHENPURAIL HOUSE, ANIKADU KARA, AVOLI P.O., MUVATTUPUZHA * NAME OF THE PETITIONER IS CORRECTED AS HASSAN KUNJU AS PER ORDER DATED 26/03/2003 IN IA NO. 17704/2003. BY ADV. SRI.P.K.MURALEEDHARAN SRI.SUNU P.JOHN SRI.C.DEVANAND RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF P.W.D., GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, P.W.D. OFFICE MUVATTUPUZHA. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, P.W.D. OFFICE, MUVATTUPUZHA. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 53120/2002 IN OP NO. 31420/2002 M. DISMISSED 25/01/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE JUDGMENT IN ST NO. 575/92 DT. 13/10/93. EXT.P2. COPY OF THE AWARD IN OP MV NO. 123/95 DT. 16/5/96. EXT.P3. COPY OF THE ORDER DT. 17/4/01 BY THE R2. EXT.P4. COPY OF THE REPRESENTATION DT. 7/7/94 TO THE R3. EXT.P5. COPY OF THE REPRESENTATION DT. 09/93/99 BEFORE THE R3. EXT.P6. COPY OF THE ORDER ISSUED BY THE R3 DT. 16/08/01. EXT.P7. COPY OF THE REPRESENTATION DT. 16/08/01 BEFORE THE R2. EXT.P8. COPY OF THE ORDER ISSUED BY THE R2 DT. 09/05/02. EXT.P8A. COPY OF THE LIABILITY CERTIFICATE ISSUED BY THE R2 DT. 09/05/02. EXT.P9. COPY OF THE ORDER DT. 12/07/02 ISSUED BY THE R2. RESPONDENT'S EXHIBITS NIL. True copy tga KURIAN JOSEPH, J. --------------------------------------- O.P. No. 31420 OF 2002 --------------------------------------- Dated this the 25th day of January, 2008. J U D G M E N T The issue raised in this original petition regarding liability of the driver to meet the compensation amount awarded by the Motor Accidents Claims Tribunal is covered in favour of the petitioner by the decision reported in Badarudeen vs. Kerala State Road Transport Corporation and another (1999(1) ILR 1). 2. Therefore, it is declared that the petitioner shall not be made liable for the compensation amount as awarded by the Motor Accidents Claims Tribunal. The impugned orders are hence quashed. The withheld amount shall be disbursed within a period of two months from the date of production of a copy of this judgment and if not, the petitioner shall be entitled to interest at the rate of 12% from the date of retirement. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 31420 OF 2002 J U D G M E N T 25.01.2008