IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 34586 of 2010(W) -------------------------- WCC.77/2008 of W.C.C. & CONTRACT L.BOARD,TVM. .................... PETITIONER(S): --------------- V.N.SANTHAMMA, W/O.LATE MOSES DAVID THAMARASSERIL ADIMURUYIL, OMALLOOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM-695 023. BY SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR RESPONDENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.34586 of 2010 ------------------------------- Dated this the 29th day of November, 2010 J U D G M E N T The petitioner's husband was a driver in the service of the Kerala State Road Transport Corporation (hereinafter referred to as the 'KSRTC' for short). While in the course of duty, he suffered heart failure, as a result of which the bus he was driving met with an accident on 6.8.2007. He died on the way to hospital. Thereupon, the petitioner and her children filed W.C.C.No.77 of 2008 in the Court of the Commissioner for Workmen's Compensation, Trivandrum, seeking compensation under section 22 of the Workmen's Compensation Act, 1923. After notice to and hearing the KSRTC, the Court of the Commissioner for Workmen's Compensation passed Ext.P1 order directing the KSRTC to pay the sum of Rs.2,78,260/- together with simple interest thereon @ 12% per annum from 6.8.2007, the date of accident, to the petitioner and her children. It is stated that though Ext.P1 order has attained finality, till date, the Corporation has not disbursed the amount of compensation to the petitioner and her children. The learned counsel for the petitioner submitted that all the children of the petitioner who were minors when the claim petition was filed before the Court of the Commissioner for Workmen's Compensation has since attained majority. In this writ petition, the W.P.(C) No.34586 of 2010 2 petitioner seeks expeditious payment of the amount covered by Ext.P1 order. 2. Sri.V.V.Nandagopal Nambiar, the learned standing counsel appearing for the KSRTC submitted that the Corporation will pay the amount covered by Ext.P1 order in equal shares to the four petitioners in W.C.C.No.77 of 2008 within two months from today and that the Corporation could not make payment till date in view of the financial stringency. 3. It is evident from Ext.P1 that the petitioner's husband passed away on 6.8.2007. More than three years have passed thereafter. Ext.P1 order has also become final. In such circumstances, I dispose of the writ petition with a direction to the competent authority in the KSRTC to disburse the amount covered by Ext.P1 order to the four applicants therein, in equal shares, expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the Managing Director of the Corporation. P.N. RAVINDRAN, JUDGE. nj. W.P.(C) No.34586 of 2010 3