IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 37229 of 2008(F) -------------------------- PETITIONER(S): --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM REPRESENTED BY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT(S): --------------- 1. SRI.SUSEELAN.B, DEVAKI MANDIRAM, KORANI, EDAKODE, PANAYARA, THIRUVANANTHAPURAM. 2. GIRISH KUMAR, MANGALATHU VEEDU, KAVANAD, KOLLAM. ADV. SRI.S.JAMES VINCENT FOR R1 SRI.NANDAGOPAL NAMBIAR,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009 ALONG WITH WPC NO. 5398 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 37229 OF 2008 & 5398 OF 2009 -------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. The petitioner in W.P.(C) No. 37229 of 2008 is the Managing Director of the Kerala State Road Transport Corporation. In the said writ petition, he challenges Ext.P2 award passed by the Permanent Lok Adalat under Section 22A of the Legal Services Authorities Act, 1987, on a petition filed by the first respondent claiming compensation for the injuries sustained by him in a motor accident. By Ext.P2, the Permanent Lok Adalat awarded to the first respondent the sum of Rs.73,584/- as compensation with interest. The first respondent in W.P.(C) No. 37229 of 2008 has filed W.P.(C) No. 5398 of 2009 aggrieved by Ext.P3 award, in so far as it limits the compensation to the sum of Rs.73,584/-. In that writ petition, he seeks enhancement of the compensation. 2. A Division Bench of this Court has in Bhoopesh v. New India Assurance Co. Ltd. (2009 (3) KLT 699) held that the Permanent Lok Adalat does not have jurisdiction to enerytain claim petitions arising out of motor accidents. In the light of the authoritative pronouncement of the Division Bench of this Court, it has to be necessarily held that Ext.P2 award produced in W.P.(C) No. 37229 of 2008, passed by the Permanent W.P.(C) Nos.37229/08 & 5398/09 2 Lok Adalat in O.P. No.266 of 2007, filed by the petitioner in W.P.(C) No. 5398 of 2009 is one without the sanction or authority of law. Therefore the said award cannot be sustained. I accordingly allow W.P.(C) No. 37229 of 2008 and quash Ext.P2 award. W.P.(C) No. 5398 of 2009 is disposed of with the observation that it will be open to the petitioner therein to move the Motor Accidents Claim Tribunal having jurisdiction seeking compensation for the injuries sustained by him. Since no period of limitation is presently prescribed for filing an application for compensation before the Motor Accidents Claims Tribunal, the petitioner need not have any apprehension that his claim will be rejected as time barred. The petitioners' contentions in these writ petitions are kept open. The parties will not be bound by the findings and observations made by the Permanent Lok Adalat. P.N.RAVINDRAN, JUDGE vps