IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1709 of 2010(K) ------------------------- OPMV.1286/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER(S): ----------------------- PONNAMMA DAS, W/O.T.N.DAS, ASARIPARAMBIL, VEZHAPRA P.O., RAMANKARI, KUTTANAD. BY ADVS. MR.A.JAYASANKAR, MR.MANU GOVIND, SMT.B.MEERA. RESPONDENT(S): --------------------------- 1. MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA. 2. BALAKRISHNAN NAIR, THRITHAMBILY HOUSE, MUDAKKUZHA PANCHAYATH, VENGOOR WEST VILLAGE, ERNAKULAM DISTRICT. (DRIVER, KSRTC). 3. THE MANAGING DIRECTOR, K.S.R.T.CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. R1 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.1709 of 2010 ---------------------------- Dated 19th January, 2010 JUDGMENT The petitioner's husband was involved in a motor accident on 25.2.2001. He thereupon filed O.P.(M.V)No.1286 of 2001 claiming compensation under section 166 of the Motor Vehicles Act. By Ext.P1 award passed on 26.6.2006, the Motor Accidents Claims Tribunal, Alappuzha awarded the sum of Rs.4,45,000/= as compensation together with interest and costs. The Managing Director of the Kerala State Road Trasport Corporation was directed to deposit the award amount within 30 days. The Tribunal also directed that a demand draft for Rs.2,75,000/= drawn in the name of the petitioner's husband should be produced for payment to him. Ext.P1 award has become final. The grievance voiced by the petitioner is that though her husband who is still undergoing treatment was entitled to immediate payment of the sum of Rs.2,75,000/= in terms of Ext.P1 award, the Kerala State Road Transport Corporation has not deposited the award amount till date. In this writ petition, the petitioner seeks a direction to the respondents to forthwith remit the amount awarded by the Motor Accidents Claims Tribunal, Alappuzha in Ext.P1 award. WP(C).No.1709/2010 2 2. Sri.V.V.Nandagopal Nambiar, the learned standing counsel appearing for the Kerala State Road Transport Corporation submits that Ext.P1 award has become final and that the Corporation will deposit the amount awarded within three months from today. Ext.P1 award notices the fact that the petitioner's husband who was aged 65 years at the time of accident has suffered 40% disability. The award also notices that the petitioner's husband is bed ridden and that he cannot move about without the help of others. The accident took place on 25.2.2001. The petitioner's husband is now aged 74 years. By Ext.P1 award the Tribunal has directed immediate payment of the sum of Rs.2,75,000/=. The award was passed on 26.6.2006. More than 42 months have passed thereafter. The Tribunal has directed immediate payment of Rs.2,75,000/= taking note of the medical condition of the petitioner's husband. In such circumstances, I am of the opinion that the Kerala State Road Transport Corporation should deposit at least the said amount immediately. I accordingly dispose of this writ petition with the following directions: (i) The Managing Director, Kerala State Road Transport Corporation shall within one month from today deposit the sum of Rs.2,75,000/= towards part payment of Ext.P1 award in the manner directed by the Tribunal therein. WP(C).No.1709/2010 3 (ii) The Managing Director, Kerala State Road Transport Corporation shall deposit the balance award amount together with interest and costs within another two months thereafter. Upon deposit of Rs.2,75,000/= being made, the Motor Accidents Claims Tribunal, Alappuzha shall release the demand draft to the petitioner's husband. P.N.RAVINDRAN Judge TKS