IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17447 of 2011(E) -------------------------- PETITIONERS: --------------- 1. FRANCIS, S/O.CHELLAYYAN, VATTAM ROADRIKATHU VEEDU, MANALI PO, VELLARADA( VIA) NEYYATTINKARA, THIRUVANANTHAPURAM. 2. SHIBU,AGED 29 YEARS NEDIYAVILA PUTHEN VEEDU, VANDITHADAM VELLAYANI THIRUVANANTHAPURAM. 3. C.SHINY, AGED 29 YEARS ATIVILA VEEDU, MANKONAM, VALAKODU, KALAYANADU PO, PATHANAPURAM. 4. MANOJ, CHENNILODE HARIJAN COLONY MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. 5. RANI, D/O. V THANKAPPAN VADAKKUMKARA PUTHEN VEEDU KARIVARAM MICHABHOOMI, VELLARADA PO NEYYATTINKARA. 6. THANKAPPAN, KATHIPPARA ADUVIZHUNNALMUZHY, ATTARIKATU VEEDU,KOOTALI P.O. BY ADV. SRI.B.S.SURESH (CHIRAKKARA) RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695001. R1 BY GOVERNMENT PLEADER ADV. MR. P. NARAYANAN R2 BY ADV. MR. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17447 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT OF THE ADDL.MACT, ALAPPUZHA DATED 31.05.1997. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY AN ASSOCIATION OF VICTIMS TO THE MINSITER OF TRANSPORT DATED 18.10.2008 EXT.P3 : COPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 18.10.2008 EXT.P4 : COPY OF THE JUDGMENT IN W.P.(C) NO.17915/10 DATED 09.06.2010 /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.17447 OF 2011 ......................................................................... Dated this the 28th June, 2011 J U D G M E N T The grievance of the petitioners is that the amount payable as per Ext.P1 Award passed by the Addl. MACT, Alappuzha dated 31.05.1997, in respect of a tragic accident occurred on 05.02.1994 involving collision between a KSRTC bus and a lorry leading to death of 39 persons, besides the bodily injuries caused to several others, has not been disbursed to the beneficiaries (who are the petitioners herein) by the respondent Corporation, which is sought to be interfered. 2. The learned Standing Counsel appearing for the respondent Corporation submits that the delay was never wilful but because of subsequent developments including the challenge raised by filing statutory appeals under Section 173 of the M.V. Act, before this Court and also in view of the proceedings before the Apex court. It is pointed out that, after culmination of the W.P.(C) No.17447 OF 2011 2 said proceedings, earnest efforts are being made for causing the due amount to be disbursed to all concerned. It is also asserted by the learned Standing Counsel that the entire amount with interest payable to the petitioners by virtue of Ext. P1 Award, will be deposited within 'two months' before the concerned Tribunal and that the petitioners can approach the Tribunal for getting the due amount disbursed. 3. The above submission is recorded. In the light of the submission as above, this Court does not find it necessary to pass any further orders or to pass any adverse comments as to the course and conduct on the part of the Corporation. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk