IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20293 of 2011(J) -------------------------- PETITIONER: --------------- GOPALAKRISHNAN NAIR, AGED 39 YEARS S/O.SUKUMARAN NAIR, ULIYATHADKA,MADHUR VILLAGE KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. M.BALAKRISHNA, S/O.RAMAYYA ALVA, KODI MAJAL HOUSE, PO MADHUR,KASARAGOD 671121. 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED P.B.NO.39, M.G.ROAD, KASARAGOD 671121. 3. THE COMMISSIONER FOR WORKMEN'S COMPENSATION & DEPUTY LABOUR COMMISSIONER, KANNUR 670001. BY SR. GOVT. PLEADER SRI.S.ABDUL SALAM ADV. SRI. JACOB MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20293/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT CLAIMING COMPENSATION DATED 4.6.2003 EXT.P2 : COPY OF THE ORDER DATED 25.9.2009 IN W.C.CASE NO.42/2003 ISSUED BY THE 3RD RESPONDENT EXT.P3 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN W.C.C. NO.42/2003 DATED 1.6.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20293 OF 2011 -------------------------- Dated this the 28th day of July, 2011 J U D G M E N T The petitioner is the applicant in W.C.C. No.42 of 2003 on the file of the Court of the Commissioner for Workmen's Compensation, Kannur. He was an employee in the service of the first respondent. In the course of employment, he sustained injuries. He thereupon moved the Court of the Workmen's Compensation Commissioner seeking payment of compensation. By Ext.P2 judgment delivered on 25.9.2009 the Court of the Workmen's Compensation Commissioner determined the compensation payable to the petitioner at Rs.84,027/- and directed the insurer, the second respondent herein, to deposit the compensation together with interest within 30 days from the date of receipt of the order. This writ petition is filed contending that though Ext.P2 judgment has attained finality, the amount already deposited by the insurer i.e. the sum of Rs.1,53,864/- which is presently lying in deposit has not been disbursed to him. In this writ petition, the petitioner seeks a direction to the Court of the Commissioner for Workmen's Compensation, Kannur to release the amount deposited by the insurer to him. WPC No.20293/2011 2 2. When the writ petition came up for hearing today, Sri.Jacob Mathew, learned counsel appearing for the second respondent submitted on instructions that the insurer has already deposited the compensation awarded by the Commissioner for Workmen's Compensation along with interest and that as the insurer has now taken a decision not to canvass the correctness of Ext.P2 judgment in appeal, the insurer has no objection in the Court of Commissioner for Workmen's Compensation, Kannur disbursing the amount deposited to the applicant. In the light of the said submission, I dispose of the writ petition with a direction to the third respondent to disburse the compensation awarded by Ext.P2 judgment to the petitioner herein on the petitioner moving an appropriate application in that regard. If such an application is filed, orders shall be passed thereon and payment made expeditiously and in any event within two weeks from the date of receipt of the application. P.N.RAVINDRAN, (JUDGE) vps WPC No.20293/2011 3