IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 22341 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ VIJAYABHANU, S/O.BALAKRISHNAN @ BHASKARAN NAIR, AGED 57 YEARS, RESIDING AT "SOPANAM", VELLAROAD, MANKARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 3. THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR PIN-695 001. R1 & R2 BY GOVENRNMENT PLEADER SRI.G.GOPAKUMAR R3 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22341/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AWARD DATED 15/01/2009 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,OTTAPALAM IN OP (MV)NO.1007/2005. P2 COPY OF THE I.A.NO.1680/2009, THE AFFIDAVIT FILED THEREWITH AND THE ORDER PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM THEREON. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 22341 of 2011 ------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is the claimant in O.P(M.V.) No.1007 of 2005 on the file of the Motor Accidents Claims Tribunal, Ottapalam. By Ext.P1 award passed on 15.1.2009, the Motor Accidents Claims Tribunal awarded the sum of Rs.3,55,630/- as compensation and directed the respondents therein to pay the said amount together with interest @ 7% per annum from the date of the petition (22.9.2005) till the date of realisation. This writ petition is filed contending that till date the compensation awarded by the Tribunal has not been deposited for payment, even though the Tribunal has directed revenue recovery proceedings to be initiated to realise the award amount. 2. When the writ petition came up for hearing today, Sri.Babu Joseph Kuruvathazha, learned standing counsel appearing for the Kerala State Road Transport Corporation submitted that challenging Ext.P1 award, the petitioner/claimant had filed M.A.C.A.No.3149 of 2009 and the Corporation had filed M.A.C.A.No.1941 of 2009 in this Court and that the said appeals were disposed of on 7.9.2011. The learned standing counsel further submitted that while the appeal filed by the Corporation was W.P.(C) No.22341 of 2011 2 dismissed, the appeal filed by the petitioner was allowed enhancing the compensation and the Corporation will deposit the amount covered by Ext.P1 award and the enhanced compensation awarded by this Court in M.A.C.A.No.3149 of 2009 within a period of two months from today. In the light of the said submission, I dispose of this writ petition with a direction to the Kerala State Road Transport Corporation to deposit the amount covered by Ext.P1 award in O.P (M.V) No.1007 of 2005 on the file of the Motor Accidents Claims Tribunal, Ottapalam and the enhanced compensation awarded by this Court in M.A.C.A.No.3149 of 2009 within a period of two months from today. Upon such deposit being made, the revenue recovery proceedings initiated pursuant to the order passed by the Motor Accidents Claims Tribunal shall stand withdrawn and it will be open to the petitioner to move the Tribunal for payment in terms of the award. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.22341 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------