Allowed

S. Rajamma v. Kerala State Road Transport Corporation

Kerala HC21 Mar 2012OP (MAC)/873/2012

Case brief

AI extract

What is this about?

This order dismissed an original petition wherein petitioners sought a direction for immediate deposit of compensation awarded by the Motor Accidents Claims Tribunal, considering the finality of the award and the first petitioner's serious illness requiring continuous treatment.

What did the court decide?

Direction to the first respondent to deposit the amount covered by Ext. P1 within two months of producing a certified copy of this judgment.

S. Rajamma Vs Kerala State Road Transport Corporation — Execution and Attachment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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WEDNESDAY, THE 21ST DAY OF MARCH 2012/1ST CHAITHRA 1934

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OP (MACT).No. 873 of 2012 (O) ----------------------------(OPMV.NO. 316/2005 of MACT,PATHANAMTHITTA)

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PETITIONERS:

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1. S. RAJAMMA, AGED 41 YEARS,

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WIFE OF LATE RAMACHANDRAN NAIR, KRISHNA BHAVANAM,

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KUNNATHUKARA MURI, KOZHANCHERRY VILLAGE,

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KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.

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2. ANITHA, D/O.LATE RAMACHANDRAN NAIR

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DO. DO.

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3. SANKARANKUTTY

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S/O.LATE RAMACHANDRAN NAIR, DO. DO.

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BY ADV. SRI.T.K.MARTHANDAN UNNITHAN

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RESPONDENTS:

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1. KERALA STATE ROAD TRANSPORT CORPORATION,

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(KSRTC) REPRESENTED BY THE MANAGING DIRECTOR,

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KERALA STATE ROAD TRANSPORT CORPORATION,

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TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 001.

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2. NATARAJAN, KIDARAKUZHIYIL HOUSE, KARIKULAM MURI,

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PAZHAVANGADI VILLAGE-689 682.

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BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 21-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DST

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OP (MACT).No. 873 of 2012 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1: COPY OF THE AWARD DATED 13/9/2011 PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA IN

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OPMV.NO.316/2005.

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EXHIBIT P2: COPY OF THE MEDICAL CERTIFICATE DATED 12/1/2012 ISSUED FROM THE DISTRICT CANCER CENTRE, KOZHENCHERRY.

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RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A. TO JUDGE

DST

P.N.RAVINDRAN , J.

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O.P.(MAC) No. 873 OF 2012

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Dated this the 21^st day of March, 2012

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J U D G M E N T

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The petitioners are the claimants in O.P.(MV) No.316 of 2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. By Ext.P1 award passed on 13.9.2011, the Motor Accidents Claims Tribunal awarded the sum of Rs.3,82,065/- as compensation to the petitioners and directed the Kerala State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short) to deposit the said amount together with interest at 7.5% per annum from the date of the petition till realisation. This original petition is filed contending that though Ext.P1 award has attained finality, till date, the Corporation has not deposited the amount awarded as compensation. It is stated that the first petitioner is suffering from a serious ailment, that the petitioners are badly in need of funds for her treatment and in such circumstances unless the amount awarded as compensation is deposited, the petitioners will be put to serious prejudice. In this original petition, the petitioners seek an order directing the first respondent to deposit the amount covered by Ext.P1 award within a time limit to be fixed by this Court.

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When the original petition came up for admission hearing

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OP(MAC) No.873/2012 2

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today, Sri.Babu Joseph Kuruvathazha, learned standing counsel appearing for the first respondent submitted that Ext.P1 award has attained finality and therefore, the Corporation will deposit the amount awarded as compensation to the petitioners within three months from today. The learned counsel also submitted that the petitioners have not so far taken steps to execute the award and that the Corporation is depositing the amount awarded by the Motor Accidents Claims Tribunals as compensation having regard to the date of the award.

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The fact that Ext.P1 award has attained finality is not in dispute. The accident, which gave rise to the claim petition, took place on 30.7.2004 when a bus belonging to the Corporation in which the predecessor-in-interest of the petitioners was a passenger met with an accident. He sustained serious injuries and succumbed to the injuries four days later. The Motor Accidents Claims Tribunal awarded the sum of Rs.3,82,065/- as compensation to the petitioners including the sum of Rs.40,415/- incurred by the claimants towards medical expenses. Ext.P2 medical certificate discloses that the first claimant is suffering from serious ailment and she requires continuous treatment. The first claimant is none other than the wife of the deceased passenger who was travelling in the bus of the Corporation. In such circumstances, having regard to the fact that the the accident took place on 30.7.2004

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OP(MAC) No.873/2012

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and more than seven years have passed thereafter and also having regard to the ailment of the first petitioner, I am of the opinion that the Corporation should deposit the amount covered by Ext.P1 award expeditiously.

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I accordingly dispose of the original petition with a direction to the first respondent to deposit the amount covered by Ext.P1 award in the manner directed in O.P.(MV) No.316 of 2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta within two months from the date on which the petitioners produce a certified copy of this judgment before the first respondent. Upon such deposit being made, it will be open to the petitioners to move the Tribunal for payment in terms of the award.

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P.N.RAVINDRAN, (JUDGE)

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vps

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OP(MAC) No.873/2012 4

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OP(MAC) No.873/2012 5

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OP(MAC) No.873/2012 6

S. Rajamma v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

S. Rajamma v. Kerala State Road Transport Corporation

Case brief

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