IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 8557 of 2011(T) ------------------------- PETITIONER(S): --------------- IGNATIUS DIAS, S/O.ROCKY DIAS, C/O.ANTONY FERNANDES, PANDARAPARAMBIL HOUSE, DOOR NO.4/885, MCH ROAD, MARADU P.O., PIN - 682 304. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. PIN - 695001. BY SC SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 8557 of 2011 ------------------------------- Dated this the 1st day of April, 2011 J U D G M E N T The petitioner is the claimant in O.P.(M.V.) No.1904 of 1994 on the file of the Motor Accidents Claims Tribunal, Alappuzha. By award passed on 31.5.1997, the Motor Accidents Claims Tribunal awarded the sum of Rs.85,000/- as compensation and directed the Kerala State Road Transport Corporation to pay 70% of the said amount together with proportionate interest. The driver of the lorry which was involved in the accident was directed to pay the remaining 30% of the compensation with proportionate interest. The petitioner states that though the Corporation had filed M.F.A.No.314 of 1999 in this Court challenging the award, the appeal was dismissed and the judgment of the Motor Accidents Claims Tribunal was upheld. The grievance voiced by the petitioner is that though pursuant to the directions issued by this Court in W.P.(C) No.9918 of 2008, the sum of Rs.99,418/- was deposited on 21.8.2009 by way of two account payee cheques, a further sum of Rs.40,579/- was due as on that date by way of compensation and that he has filed E.P.No.141 of 2010 in the Motor Accidents Claims Tribunal for realising the said amount from the Corporation. In this writ petition, the petitioner seeks a direction to the respondent to deposit the balance amount payable in terms of the W.P.(C) No.8557 of 2011 2 award within a time limit to be fixed by this Court. 2. Sri.V.V.Nandagopal Nambiar, the learned standing counsel appearing for the Kerala State Road Transport Corporation submitted that if as claimed by petitioner any further amount is payable to the petitioner in terms of the award passed by the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV) No.1904 of 1994, the Corporation will deposit the said amount in the Tribunal 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 examine the claim of the petitioner and file a computation statement before the Motor Accidents Claims Tribunal, Alappuzha, within a period of one month from the date of receipt of a certified copy of this judgment. The petitioner shall file objections to the same, if any, within another month thereafter. The Motor Accidents Claims Tribunal shall thereupon consider the same and pass appropriate orders on E.P.No.141 of 2010. In the event of the Motor Accidents Claims Tribunal directing the Corporation to make any further deposit by passing appropriate orders in E.P. No.141 of 2010, the Corporation W.P.(C) No.8557 of 2011 3 shall deposit the said amount without delay and in any case within one month from the date on which orders are thus passed. P.N. RAVINDRAN, JUDGE. nj.