IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27326 of 2011(M) ------------------------- PETITIONER : --------------------- ELSY VARGHESE, W/O.LATE VARGHESE, RESIDING AT KARIYATTIL HOUSE, P.O.KALLUR, THRISSUR DISTRICT BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN - 695 001. R1 BY ADV. SRI. BABU JOSEPH KURUVATHAZA R2 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27326 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD IN M.V.O.P.NO.1443/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA DATED 7.11.2008. EXT.P2 TRUE COPY OF THE EXECUTION PETITION IN O.P.(MV) NO.1443/2008 DATED 6.08.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 27326 of 2011 ------------------------------- Dated this the 20th day of October, 2011 J U D G M E N T The petitioner is the first claimant in O.P.(M.V.) No.1443 of 2004 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. By Ext.P1 award passed on 7.11.2008, the Motor Accidents Claims Tribunal awarded the sum of Rs.3,87,640/- as compensation and directed the Kerala State Road Transport Corporation to deposit the compensation awarded with interest at the rate of 7% per annum from the date of the petition. This writ petition is filed contending that though the award has attained finality, the Corporation has not till date deposited the amount awarded as compensation, as a result of which the claimants have been compelled to move the Motor Accidents Claims Tribunal for the issuance of a certificate of recovery so as to enable the District Collector, Thiruvananthapuram to recover the compensation awarded from the Kerala State Road Transport Corporation. In this writ petition, the petitioner seeks a direction to the Kerala State Road Transport Corporation to deposit the compensation awarded by the Motor Accidents Claims Tribunal within a time limit to be fixed by this Court. 2. Sri.Babu Joseph Kuruvathazha, learned standing W.P.(C) No.27326 of 2011 2 counsel appearing for the Kerala State Road Transport Corporation submitted on instructions that as Ext.P1 award has attained finality, the Corporation will deposit the amount awarded as compensation in the manner directed therein within two months from today. In the light of the said submission, I dispose of the writ petition with a direction to the first respondent to deposit the amount covered by Ext.P1 award within a period of two months from today. Upon such deposit being made, it will be open to the claimants and the third respondent in the claim petition to move the Motor Accidents Claims Tribunal for payment in terms of the award. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 27326 of 2011 JUDGMENT Dated:- 20th October, 2011 --------------------------------------