IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25391 of 2008(W) ----------------------------------------- PETITIONER: -------------------- RACHEL TITUS, MULLASSERI VADAKKETHARA, KANNIMEL CHERRY, NOW RESIDING AT RINTU NIVAS, MEENATHU CHERRY, SAKTHIKULANGARA KAVANAD, KOLLAM DISTRICT. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA – R2 BY SRI.JOHNSON P.JOHN, SC, KSRTC – R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.25391/2008 ----------------------------------------------------------- Dated this the 3rd day of September, 2008 JUDGMENT Petitioner was one of the claimants in O.P(MV). No.959/1994, on the file of the MACT, Alappuzha. The accident occurred on 5.2.1994 and the award was passed on 31.5.1997. Though the first respondent challenged the award in MFA.No.206/99, the appeal was dismissed by Ext.P1 judgment. In order to realise the amount due under the award, the execution petition was filed and even attachment was ordered. Despite all this, payment is not forthcoming and hence this writ petition. 2. Petitioner contends that her only child is suffering from cancer and that in order to meet the treatment expenditures money is urgently needed. It is in this circumstance this writ petition has been filed praying for a WP(c).No.25391/2008 2 direction that the amount due under the award shall be paid immediately. 3. Having regard to the facts as noticed above, I see absolutely no justification for delaying payment any further. Therefore, I direct that on production of a copy of the judgment, the first respondent shall pay its share of the award amount as ordered by the Additional MACT, Alappuza in MFA.No.959/1994 to the petitioner, as expeditiously as possible, at any rate within 4 weeks from the date of production of a copy of the judgment. Petitioner shall produce a copy of the judgment before the first respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.25391/2008 3