IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 770 of 2010(U) ----------------------------------- PETITIONER: ------------------- JOY, S/O.ANTONY, PARAPPURAM HOUSE, MELOOR.P.O, CHALAKUDY. BY ADV. MR.E.C.POULOSE. RESPONDENT: ---------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY MR. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 770 OF 2010 -------------------------- Dated this the 11th day of January, 2010 J U D G M E N T The petitioner was the claimant in O.P.(MV) No. 367 of 1998 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The said case was tried and disposed of along with O.P.(MV) No. 368 of 1998. By Ext.P1 award passed on 30.9.2003, the Motor Accidents Claims Tribunal, Perumbavoor awarded the sum of Rs.72,300/- as compensation to the petitioner herein. The Tribunal awarded the sum of Rs.8,79,000/- as compensation to the petitioner in O.P.(MV) No. 368 of 1998. The Tribunal also directed the Managing Director, KSRTC Thiruvananthapuram, the first respondent in both the claim petitions to produce crossed cheques for the said amounts in the names of the petitioners in claim petitions within one month from the date of the award. The Tribunal also directed that upon such cheques being produced, the petitioners in both cases will be allowed to withdraw Rs.25,000/- each and that the balance amount will be deposited in their names in a Bank for a period of three years after deducting the court fee payable by them. The grievance voiced by the petitioner is that W.P.(C) No. 770/2010 2 though Ext.P1 award has become final and more than six years have passed after it was delivered, till date, the respondent has not complied with the directions issued by the Motor Accidents Claims Tribunal in Ext.P1 award. In this writ petition the petitioner seeks a direction to the respondent to deposit the amount covered by Ext.P1 award in respect of O.P.(MV) No.367of 1998. 2. Sri. U.V.Nandagopal Nambiar, the learned standing counsel appearing for the KSRTC submits that Ext.P1 award has become final and that the Corporation will deposit the award amount in O.P. (MV) No.367 of 1998 together with the interest thereon at the rate of 9% per annum from the date of application till payment within three months from today. In the light of the said submission, I dispose of this writ petition with a direction to the respondent to deposit the award amount in O.P.(MV) 367 of 1998 together with interest thereon in the Motor Accidents Claims Tribunal, Perumbavoor in the manner directed by the Tribunal within three months from the date of receipt of a certified copy of this judgment from the petitioner. Besides the claim of the petitioner herein, the claim of yet another person which was filed as W.P.(C) No. 770/2010 3 O.P(MV) No. 368 of 1998 was also disposed of by Ext.P1 award. The claimant in that case is entitled to receive the sum of Rs.8,79,000/- together with interest. In my opinion, if the award passed in O.P(MV) No.368 of 1998 has also become final as in the instant case, the Corporation should without driving the claimant in that case to this Court seeking a direction to the respondent to comply with the award, take steps to deposit the award amount in that case also within four months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE vps