IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30103 of 2011(K) -------------------------------------- OPMV.162/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR ------------------------------------- PETITIONER(S): --------------------- M.J.JOSEPH,S/O.JOHN,RESIDING AT MANIKUTTIYIL HOUSE,P.O ELANJI, KOOTHATTUKULAM VIA, ERNAKULAM DISTRICT. BY ADVS.SRI.T.C.SURESH MENON SRI.A.R.NIMOD RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM – 695 002. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPRUAM – 695 002. R1 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA, SC, KSRTC R2 BY GOVT.PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.30103/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF THE AWARD IN M.V.O.P. NO.162/2005 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 28-04-2009. EXT.P2 : COPY OF THE EXECUTION PETITION IN O.P.(MV)NO.162/2005 DATED 30-03-2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 30103 of 2011 ----------------------------------------------- Dated this the 11th day of November, 2011 JUDGMENT The petitioner is the first claimant in OP(MV) No. 162 of 2005 on the file of the Motor Accidents Claims Tribunal, Thrissur. By Ext.P1 award passed on 28.4.2009, the Motor Accidents Claims Tribunal awarded the sum of Rs.2,56,500/- as compensation and directed the first respondent herein to deposit the said amount together with interest at 7% per annum from 22.1.2005 till the date of actual payment. It is stated that though the said award has attained finality, the first respondent has not till date deposited the award amount as a result of which the petitioner has been constrained to move the Motor Accidents Claims Tribunal by filing Ext.P2 application for enforcement of the award. It is stated that even after initiation of execution proceedings, the first respondent has not deposited the compensation awarded by the Tribunal and unless the first respondent is directed to deposit the compensation awarded by the Motor Accidents Claims Tribunal, the petitioner will put to serious prejudice. WP(C)No.30103 of 2011 -2- 2. When the writ petition came up for hearing today, Sri.Babu Joseph Kuruvathazhath, learned standing counsel appearing for the Kerala State Road Transport Corporation submitted that as Ext.P1 award has attained finality, the first respondent will deposit the compensation awarded by the Motor Accidents Claims Tribunal within 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 in the Motor Accidents Claim Tribunal the amount covered by Ext.P1 award in the manner directed therein within two months from today. Upon such deposit being made it will be open to the petitioner and the 2nd claimant in the claim petition to move the Motor Accidents Claim Tribunal for payment. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge