IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30430 of 2011(C) --------------------------------------- [O.P(MV).NO.1751/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA] .................... PETITIONER: ------------------- INDIRADEVI, W/O. KUNJAPPAN, AGED 48 YEARS, RESIDING AT KANATHAPARAMBATH MADAM, CMC 21, CHERTALA, ALLEPPEY. BY ADV. SRI.T.B.SARASAN. RESPONDENT: --------------------- KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR - 695 001. BY SRI. BABU JOSEPH KURUVATHAZHA, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30430/2011-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE AWARD IN O.P(MV)1751/2005 DTD. 09/12/2009 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA. EXT.P.2: COPY OF THE EXECUTION PETITION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30430 OF 2011 -------------------------- Dated this the 16th day of November, 2011 J U D G M E N T The petitioner is the first claimant in O.P.(MV) No.1751 of 2005 on the file of the Motor Accidents Claims Tribunal, Alappuzha. By Ext.P1 award passed on 9.12.2009, the Motor Accidents Claims Tribunal awarded the sum of Rs.2,56,000/- as compensation to the petitioner and her son Sri.Ullas and directed the Kerala State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short) to deposit the said amount with interest at 7.5% per annum from the date of the petition (31.12.2005) till realisation. This writ petition is filed contending that though Ext.P1 award has attained finality, till date, the Corporation has not deposited the amount awarded as compensation. It is stated that the sole bread winner of the family died in the motor accident which resulted in the institution of the claim petition and that unless the compensation awarded by the Motor Accidents Claims Tribunal is expeditiously deposited, the petitioner will be put to serious prejudice. In this writ petition, the petitioner seeks an order directing the respondent to deposit the amount covered by WPC No.30430/2011 2 Ext.P1 award within a time limit to be fixed by this Court. 2. When the writ petition came up for admission hearing today, Sri.Babu Joseph Kuruvathazha, learned standing counsel appearing for the respondent submitted that Ext.P1 award has attained finality and therefore the Corporation will deposit the amount awarded as compensation in the manner directed in Ext.P1 award within three months from today. In the light of the said submission, I dispose of the writ petition with a direction to the respondent to deposit the amount covered by Ext.P1 award in O.P.(MV) No.1751 of 2005 on the file of the Motor Accidents Claims Tribunal, Alappuzha within three months from today. Upon such deposit being made, it will be open to the petitioner and the other claimant to move the Tribunal for payment. P.N.RAVINDRAN, (JUDGE) vps WPC No.30430/2011 3