IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7259 of 2010(F) ------------------------- OPMV.809/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... PETITIONER(S): --------------- BHAVANIAMMA ,AGED 70 YEARS, D/O.GAURI, SHASTHAMKULAM VEEDU, KULASEKHARAPATHY, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No. 7259 OF 2010 ------------------------ Dated this the 8thday of March, 2010 JUDGMENT The petitioner was the claimant before the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV) No.809/97, seeking compensation in respect of injuries sustained in a motor traffic accident. After considering the facts and figures, the Tribunal passed Ext.P2 Award, whereby the petitioner was ordered to be paid a total compensation of Rs.5,750/- along with 9% interest from 29/7/1997 till realisation. The case of the petitioner is that, despite passing the Award on 17/11/2005 the liability has not been cleared by the respondent. 2. The learned Standing Counsel, who entered appearance on behalf of the respondent, submitted on instructions that the default was never caused by any wilful negligence or deliberate laches, but because of some unforeseen circumstances. However, earnest efforts are stated as being made to see that the amount due to the petitioner is cleared off at the earliest, for which three months' time is sought for. WPC No.7259/2010 .2. 3. After hearing both sides, this Court finds it fit and proper to permit the respondent to clear the entire liability, as assured and undertaken by them, within three months time. Accordingly, the respondent is directed to satisfy the entire amount due under Ext.P2 Award to the petitioner within three months. 4. It is made clear that, if any default is committed by the respondent in satisfying the amount due as above, the petitioner will be at liberty to proceed with further steps for getting the due amount realised, resorting to appropriate proceedings including the enabling provisions under the Revenue Recovery Act. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE. dpk