IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 73 of 2003() --------------------- OPMV.400/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM .................... APPELLANT/1ST RESPONDENT: ----------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. BY ADV. SRI.JAMES KOSHY.N., SC. KSRTC RESPONDENT(S): PETRS & 2ND RESPONDENT: -------------------------------------- 1. S. SATHI DEVI, T.C.21/1158, LAKSHMI VILASOM, ANATHANAM, NEDUMCAUD, KARAMANA P.O., THIRUVANANTHAPURAM. 2. LEKSHMI. S. NAIR OF DO. DO. 3. ANOOP. S.S. OF DO. DO. 4. JAGADAMMA, MOHAN VILLA, ARIKADAMUKKU, PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM. 5. AJITH KUMAR, S/O. SADANANDAN, MANAKATTU VILAKATHU VEEDU, MALAMEL PARAMBIL, KANIYAPURAM, ANDOORKONAM, THIRUVANANTHAPURAM. ADV. SRI.R.T.PRADEEP FOR R1 & R4 SRI.V.VIJULAL FOR R1 & R4 SRI.SAJEEVKUMAR K GOPAL,SC KSRTC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A.73/03 ORDER ON I.A. 229 OF 2003 IN M.A.C.A. 73 OF 2003 DISMISSED. SD/- C.N.RAMACHANDRAN NAIR, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 28.8.2009 okb /True copy/ P.A. to Judge C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ------------------------------------------------ M.A.C.A. No.73 of 2003 ------------------------------------------------ Dated this the 28th day of August, 2009. JUDGMENT Ramachandran Nair, J. During hearing, counsel for the claimants submitted that entire award amount with interest have been paid to the respondents namely legal heirs of the deceased. Even though Standing Counsel for KSRTC submitted that amounts are recovered under coercive steps, that is through garnishee proceedings by attachment of bank account of KSRTC, we do not think that there is any scope for considering reduction and ordering recovery for the award amount already paid to the legal heirs. 2. However we make it clear that the respondents are not entitled to receive any amount in excess of the award amount with interest thereon. In other words KSRTC is free to withdraw the deposit if any made with MACT pursuant to interim order dated 17.10.2006 if the award amount is otherwise satisfied. If deposit amount was released by the Motor Accidents Claims Tribunal and if any amount in excess of the award amount with interest thereon MACA.73/03 2 is released to the respondents, the MACT is directed to recover the excess amount with interest withdrawn by respondents and release it to KSRTC. The appeal is dismissed with the above direction in regard to payments. C.N.RAMACHANDRAN NAIR, JUDGE C.K.ABDUL REHIM, JUDGE okb