IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 5580 of 2006(L) ------------------------- PETITIONER(S): 1 ---------------- KIZHAKKEVEETTIL BALAKRISHNAN, S/O.KUNHIRAMAN, PUTHIYAKAVU, P.O.PAPPINISSERI. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.PREM DOMINIC RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE VILLAGE OFFICER, PAPPINISSERI VILLAGE, KANNUR. 3. THE MANAGING DIRECTOR, K.S.R.T.C. TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM 23. 4. M.ARULSELVI, D/O.M.ARULMANI, ASANKKALATHUR P.O. KEELORATHUR VILLAGE, TITTAGUDI, SOUTH ARKKOTT DISTRICT. R1 AND R2 BY G.P. SMT. SMITHA R3 BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD DATED 10.11.2003 IN OP MV. NO. 483 OF 1998 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY. EXT.P2 TRUE COPY OF THE PETITION IN I.A. IN OP MV. NO. 483 OF 1998 FILED BY THE FOURTH RESPONDENT BEFORE THE MACT, THALASSERY. EXT.P3 TRUE COPY OF THE DEMAND NOTICE DATED 31.1.2005 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE LETTER DATED 15.2.2006 SENT BY THE DISTRICT TRANSPORT OFFICER, KANNUR TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5580 OF 2006 -------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT The challenge in this Writ Petition is against personal recovery of compensation from the petitioner, who was the driver of KSRTC bus which caused the accident. Even though award is jointly against KSRTC and petitioner, counsel for KSRTC submitted that Corporation is willing to clear the arrears. Consequently, W.P. is allowed exonerating petitioner and directing the KSRTC to deposit the amount in terms of the commitment made in Court without any delay. (C.N. RAMACHANDRAN NAIR) Judge kk 2