IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 14813 of 2011(B) ----------------------- PETITIONER : --------------------- VIJAYAMMA, W/O.P.N.SUKUMARA PANICKER, AGED 68 YEARS, ATTETHU VEEDU, KIZHAKKEKARA NORTH MURI, THRIKKUNNAPUZHA VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT : ----------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM, PIN-695101. BY ADV. SRI. V.V. NANDAGOPALAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 14813 OF 2011 -------------------------- Dated this the 1st day of June, 2011 J U D G M E N T The petitioner is the second claimant in O.P(MV) No.1422 of 2002 on the file of the Motor Accidents Claims Tribunal, Mavelikkara. She along with her husband filed the claim petition claiming compensation for the death of their son in a motor accident involving a bus owned by the Kerala State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short). The said claim petition was tried and disposed of along with O.P. (MV) No.213 of 1998, which arose from the same accident. By Ext.P1 common award passed on 29.12.2006, the Motor Accidents Claims Tribunal directed payment of the sum of Rs.3,52,750/- together with interest as compensation to the petitioner. The Corporation was directed to deposit the award amount with interest within one month from the date of the award. 2. The grievance voiced by the petitioner in this writ petition is that till date the Corporation has not deposited the award amount as a result of which the petitioner and her husband were constrained to file E.P. No.142 of 2010 in the Motor Accidents Claims Tribunal, WPC No.14813/2011 2 Mavelikara to execute the award. In this writ petition, the petitioner seeks a direction to the Corporation to deposit the award amount in the Tribunal. It is contended that the accident took pace on 29.10.1997, nearly 14 years back and that more than 4 years have passed after the award was passed. 3. When the writ petition came up for hearing today, Sri.V.V.Nandagopal Nambiar, learned standing counsel appearing for the Corporation submitted that Ext.P1 award has become final and therefore the Corporation will deposit the award amount in the Motor Accidents Claims Tribunal within two months from today. In the light of the said submission and having regard to the fact that nearly 14 years have passed after the accident took place and nearly 4 years have passed after the award was passed, I dispose of the writ petition with a direction to the Corporation to deposit the amount covered by Ext.P1 award in O.P.(MV) No.1422 of 2002 expeditiously and in any event within two months from today. Upon such deposit being made, it will be open to the petitioner and her husband to move the Tribunal for payment in terms of the award. 4. In view of the fact that by Ext.P1 award, O.P(MV) No.213 of 1998 was also disposed of, I am of the opinion that if as on today the WPC No.14813/2011 3 said award has become final and the award amount in O.P(MV) No.213 of 1998 has not been deposited, the Corporation should deposit the award amount in that case also. I accordingly direct that the amount of compensation awarded to the claimants in O.P(MV) No.213 of 1998 on the file of the Motor Accidents Claims Tribunal, Mavelikkara shall also be deposited within a period of three months from today, if the award in that case has become final and the compensation awarded has not been deposited till date. Upon such deposit being made, it will be open to the claimants in that case to move the Tribunal for payment in terms of the award. P.N.RAVINDRAN, (JUDGE) vps