IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 30966 of 2011(U) --------------------------------------- [O.P(MV).NO.1149/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR] .................... PETITIONER: ------------------- KAMALAKARAN, S/O. RAMAN, RESIDING AT MUDATHOLIL HOUSE, ATHANI. MULANKUNNATHUKAVU THRISSUR DISTRICT. BY ADVS. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD. RESPONDENTS: ------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-1. R1 BY SRI. BABU JOSEPH KURUVATHAZHA, S.C, K.S.R.T.C, R2 BY GOVT. PLEADER SRI. G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30966/2011-U: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE AWARD IN O.P.(MV). NO.1149/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 27-8-2010. EXT.P2: TRUE COPY OF THE EXECUTION PETITION IN O.P(MV). NO. 1149/2004 DATED 30-05-2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 30966 of 2011 ----------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT The petitioner is the first claimant in OP(MV) No.1149 of 2004 on the filed of the Motor Accidents Claims Tribunal, Thrissur. He along with his wife and daughter instituted the said claim petition seeking payment of the sum of Rs.5,00,000/- as compensation. By Ext.P1 award passed on 27.8.2010, the Motor Accidents Claims Tribunal awarded the sum of Rs.2,70,000/- as compensation and directed the Kerala State Road Transport Corporation to deposit the said amount together with interest at 8% per annum from 12.5.2004, the date of the petition, till realisation. This writ petition is filed contending that though more than one year has passed thereafter and the award has attained finality, the Kerala State Road Transport Corporation has not been till date deposited the amount awarded as compensation. In this writ petition the petitioner seeks a direction to the first respondent to deposit the amount covered by Ext.P1 award within a time limit to be fixed by this Court. WP(C)No. 30966 of 2011 -2- 2. When the writ petition came up for hearing today, Sri.Babu Joseph Kuruvathazha, learned counsel appearing for Kerala State Road Transport Corporation submitted on instructions that Ext.P1 award has attained finality and therefore the corporation will deposit the amount covered by Ext.P1 award in the manner directed therein within three months from today. In the light of the said submission, I dispose of the writ petition with a direction to the first respondent to deposit the amount covered by Ext.P1 award in the Motor Accidents Claims Tribunal, Thrissur within three months from today. Upon such deposit being made, it will be open to the petitioner and the other claimants to move the Motor Accidents Claims Tribunal for payment. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True copy// PA to Judge