IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15173 of 2009(N) -------------------------- {OPMV.1064/2005 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA} .................... PETITIONER(S): ----------------- K.S.R.T.C., REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, TRIVANDRUM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT(S): ------------------- 1. ARJUNAN, S/O. CHELLAYYA, 10TH MURI LINES III RD DIVISION, SILENT VALLEY ESTATE, K.D.H.VILLAGE. 2. THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).15173 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The 1st respondent is stated to have met with an accident involving the KSRTC bus on 1.3.2004. He filed a claim petition before the Motor Accidents Claims Tribunal, Thodupuzha as O.P.(MV)No.666/04 claiming compensation. Ext.P1 award was passed, requiring the KSRTC to deposit Rs.23,000/- in the first instance. E.P.No.25/08 was filed for execution. The KSRTC complied with the direction to deposit the award amount. 2. According to the petitioner-KSRTC, yet another claim petition, O.P.(MV)No.1064/05 was filed by the 1st respondent on the same cause of action, i.e. claiming compensation of an amount of Rs.1,66,500/- for the injuries sustained in the very same accident, as was the subject matter of O.P.(MV)No.666/04. It seems that there was no proper defence taken up by the KSRTC and only a formal objection was taken. The net result is that Ext.P1 common award was passed and a second award was, therefore, passed in favour of the 1st respondent. W.P.(C).15173 of 2009 :: 2 :: Execution is levied. It is then that the KSRTC woke up and filed Ext.P5 objection to the same. Nevertheless, the execution petition is continuing. Hence the writ petition seeking the following reliefs: i. to issue a writ of certiorari or other appropriate writ or order calling for the records relating to Ext.P4 and P5 and to set them aside; ii. to stay and to cancel all further proceedings for recovery pursuant to Exhibit P4; iii. To declare that Ext.P4 is a nullity in view of Ext.P1 and its compliance by the petitioner; iv. to allow the cost of this petition and v. to grant such other reliefs as this Hon'ble Court deem fit and proper to grant in the particular circumstance of the case. 3. If the first respondent has already obtained an award for compensation in relation to the injuries sustained by him in an accident involving KSRTC, which took place on 1.3.2004, then obviously, he would be disentitled to make another application on the same cause of action. Therefore, if the award was obtained by him by W.P.(C).15173 of 2009 :: 3 :: playing fraud or deceit, no doubt, the Tribunal is entitled to take this into account even at the stage of execution. The petitioner is, therefore, entitled to bring these facts to the notice of the Tribunal and if it is brought to the notice of the Tribunal, an enquiry shall be conducted and a reasoned order shall be passed, after notice to the 1st respondent, award holder also before further proceeding with the execution. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge