IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24224 of 2010(C) -------------------------- PETITIONER: --------------- SREEKUMAR, S/O.KESAVA PANICKER THENGUVILAYIL HOUSE, EDAPPON DESOM NOORANAD VILLAGE, MAVELIKKARA TALUK. BY ADV. MR. B.GOPAKUMAR MS. CHINCY GOPAKUMAR RESPONDENTS: --------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR THIRUVANANTHAPURAM BY STANDING COUNSEL MR. V.V. NADAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24224 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of August, 2010 JUDGMENT This is another instance of callous inaction on the part of the respondent Corporation, showing how the compensation payable to the injured, pursuant to the Award passed by the concerned MACT, could be protracted by retaining the amount at the hands of the Corporation, without disbursing the same or without challenging the Award by way of appeal. 2. The factual position as narrated in the Writ Petition shows that, the petitioner while travelling in an autorikshaw, sustained some injuries, when it collided with the KSRTC bus bearing No. KLX 6678 (P 610) leading to the petition preferred before the MACT, Trichur as M.V.O.P.886/1990. On conclusion of the trial, Tribunal passed an Award on 30.6.1998, as borne by Ext. P1. Being aggrieved of the Award, the petitioner approached this Court by filing MFA 1619 of 1998, wherein some enhancement was ordered, as early as on 15.07.2003, as borne by Ext. P2. There is no case for the respondents that, Ext. P1 Award or Ext. P2 appellate verdict was subjected to challenge from their side and as such the liability become final. In spite of the lapse of more than two decades, the petitioner is made still to wait, to enjoy the W.P. (C) No. 24224 of 2010 : 2 : fruits of the Award, which made the petitioner to approach this Court by filing the present Writ Petition. 3. The learned standing counsel appearing for the KSRTC submits that, the delay in disbursing the compensation to the petitioner is due to different adverse circumstances. The Corporation was in a deplorable state of affairs during the years 2003 – 2008, that revival steps have been taken and now is almost at the stage of generating much revenue. It is also stated that, the service benefits payable to the employees, present and the past, were not being promptly disbursed, due to the above mentioned circumstances. 4. This Court does not find it as a plausible explanation; since the Award was passed as early as in the year 1990, followed by the enhancement ordered as per Ext. P2 in the year 2003. The learned Standing Counsel however submits that, the entire amount due will be disbursed within 'one month' and this being the position, no further proceedings might be ordered to the disadvantage of the Corporation. The said undertakings is recorded. 5. With regard to the course pursued by the KSRTC, this Court had an occasion to consider a number of cases [WP (C) Nos. 21308/2010 and connected cases] and as to the absence of the statutory insurance coverage and whether any exemption has been W.P. (C) No. 24224 of 2010 : 3 : provided to the KSRTC as per Section 146 (3) (C) of the MV Act. It was also mentioned as to the necessity to formulate a remedial measure to satisfy the liabilities at least in a phased manner and a copy of the judgment was ordered to be forwarded to the Secretary to the Department of Transport for appropriate steps in this regard. The matter shall also be considered, by the Managing Director of the respondent Corporation, taking note of the mandate already given in the above cases and appropriate remedial measure has to be worked out, lest it should attract heavy cost in the due course, for the inordinate delay in disbursement of the Award amounts to the victims. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd