IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 9436 of 2009(Y) ------------------------- OPMV.315/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... PETITIONER(S): --------------- PRADEEP P., KUNNATHU HOUSE, CHERUSSERI BHAGOM, CHAVARA, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPN., REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. BY SRI.JOHNSON P. JOHN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9436 of 2009 --------------------------------- Dated, this the 6th day of April, 2009 J U D G M E N T Heard both sides. 2. Prayer sought in this writ petition is to direct the 1st respondent to pay the amount due under the award in OP(MV) No.315/1997 rendered by the MACT, Kollam, in which the petitioner was the claimant. 3. The award has become final and there is no dispute on that issue. The only justification that is offered by the 1st respondent for nonpayment of the compensation arising out of an accident, that took place as early as on 31/08/1996, is financial constraints. 4. In my view, since the award admittedly has become final and binding, financial constraints cannot be an excuse for delaying the payment any further. Therefore, the writ petition is disposed of directing the 1st respondent to pay the amount awarded in the aforesaid award of the Tribunal. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg