IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 923 of 2002(E) ---------------------- OPMV.262/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/1ST RESPODENT: ------------------------ THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN., SC. KSRTC RESPONDENTS/PETITIONERS & 2ND RESPONDENT: ----------------------------------------- 1. D.VINCENT S/O. DEVASAHAYAM, T.C.12/1619, VIMA BHAVAN, RC.STREET, KUNNUKUZHY, THIRUVANANTHAPURAM. 2. MARY SAROJAM W/O. D.VINCENT, OF DO. DO. 3. VIMA VINCENT D/O. MARY SAROJAM, OF DO. DO. 4. ALOYSIOUS, S/O. D.VINCENT (MINOR) OF DO. DO.,REP.BY FATHER D.VINCENT. 5. AYYAPPAN PILLAI, S/O. SANKARA PILLAI, VILAYIL VILAKATHU VEEDU, TC.41/1030, KURIYATHIL, MANACAUD P.O., THIRUVANANTHAPURAM. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.923/02 ORDER ON C.M.P.NO.5549/2002 IN MFA.NO.923/2002 DISMISSED. 8.7.2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.923 OF 2002 & C.M.APPLN.NO.5548 OF 2002 () ----------------------------------- Dated this the 8th day of July, 2008 J U D G M E N T KOSHY,J. This is a petition to condone the delay of 570 days in filing the appeal. So far notice was not served. Defects were not cured. When the case came up by non curing of the defects, we have directed the appellant to serve copy of the appeal memmorandum and copy of the award to the Advocate, who was appearing before the Motor Accidents Claims Tribunal, Thiruvananthapuram. We have called for the records from the Tribunal regarding the deposit of the amount. The award of the tribunal was passed on 13.6.2000. The amount awarded was Rs.5,00,000/- with interest at the rate of 12% from 16.3.1996 till the date of realisation. The tribunal reported that the appellant deposited an amount of M.F.A.NO.923 OF 2002 & C.M.APPLN.NO.5548 OF 2002 () 2 Rs.8,20,500/- in favour of the M.A.C.T. on 10.7.2001. The appeal was filed without a certified copy on 17.7.2001 after deposit of the amount. Thereafter applied for certified copy on 6.8.2001 and certified copy was received on 23.11.2001. It was produced before this Court on 26.7.2002 and defects were cured only on 27.8.2002 and notice was ordered on the delay condonation petition on 10.1.2003. The entire amount was disbursed to the claimants as per the report. We are of the opinion that a vigilance enquiry is to be conducted regarding how this has happened. Was there any collusion between the parties or the Officers or the Advocates concerned ? The long delay in not applying for a certified copy even after payment of the amount after execution petition was filed adds to the suspicion. There was a delay of 413 days in making application for certified copy of the award and by the time, appeal was filed, there was a delay of more than 570 days in filing the appeal. Even after obtaining certified copy, it was not filed and the appeal was posted for defects. K.S.R.T.C. is M.F.A.NO.923 OF 2002 & C.M.APPLN.NO.5548 OF 2002 () 3 running on heavy loss, and, we are of the opinion that Vigilance should enquire about how this delay occurred and appropriate action should be taken. K.S.R.T.C. should forward the report regarding what steps are taken within three months from today. However, no reasons are stated for condoning the long delay in filing the appeal or filing application for certified copy. Delay condonation petition is dismissed. Consequently, appeal is also dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.923 OF 2002 & C.M.APPLN.NO.5548 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th July, 2008