IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 25264 of 2011(G) ------------------------------------------ PETITIONER(S): ------------------------- E.N.DIVAKARAN NAIR, S/O.NARAYANAN NAIR, ILLEMPALLIYEL HOUSE, CHERPUNKAL P.O., KIDANGOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM. BY ADVS. SRI.MANUEL KACHIRAMATTAM, SMT.MERRY GEORGE. RESPONDENT(S): --------------------------- 1. THE KERALA STATE TRANSPORT CORPORATION, REPRESENTED BY MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI. BABU JOSEPH KURUVATHAZHA R2 BY GOVERNMENT PLEADER SRI. G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25264/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA IN OP(MV) NO.180/2006 DTD. 24/10/2008. P2: COPY OF THE REVENUE RECOVERY CERTIFICATE DTD.03/04/2010 ISSUED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA IN E.P.NO.4/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 25264 of 2011 ------------------------------- Dated this the 31st day of October, 2011 J U D G M E N T The petitioner is the claimant in O.P.(M.V.) No.180 of 2006 on the file of the Motor Accidents Claims Tribunal, Pala. By Ext.P1 award passed on 24.10.2008, the Motor Accidents Claims Tribunal awarded the sum of Rs.1,24,640/- as compensation to the petitioner and directed the second respondent in the claim petition, viz., Managing Director of the Kerala State Road Transport Corporation to deposit the said amount together with interest at the rate of 9% per annum from 6.4.2006 until payment and costs Rs.4000/-. This writ petition is filed contending that though Ext.P1 award has attained finality, the Kerala State Road Transport Corporation has not deposited the amount awarded as compensation, as a result of which the petitioner has been constrained to move the Tribunal for execution of the award. It is also submitted that though a revenue recovery certificate was issued and the District Collector, Thiruvananthapuram has received the requisition, till date, the compensation awarded has not been realised. 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. W.P.(C) No.25264 of 2011 2 2. When the writ petition came up for hearing today, Sri.Babu Joseph Kuruvathazha, learned standing counsel appearing for the Kerala State Road Transport Corporation submitted on instructions that the Corporation will deposit the amount awarded as compensation in Ext.P1 award within a period of two 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 passed in O.P.(M.V.) No.180 of 2006 on the file of the Motor Accidents Claims Tribunal, Pala within a period of two months from today. Upon such deposit being made, it will be open to the petitioner to move the Tribunal for payment. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 25264 of 2011 JUDGMENT Dated:- 31st October, 2011 --------------------------------------