Allowed

P.N.Madhavan v. K.S.R.T.C

Kerala HC11 Dec 2012WP(C)/29419/2012

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition filed by a claimant to compel the Kerala State Road Transport Corporation (KSRTC) to deposit a compensation sum of Rs. 3,69,350 awarded by the Motor Accidents Tribunal, Pathanamthitta. The Court directed the respondent to deposit the money within three months.

What did the court decide?

Directed the respondent to deposit the compensation amount of Rs. 3,69,350 awarded to the petitioner before the Motor Accidents Tribunal, Pathanamthitta, within three months.

P.N.Madhavan Vs K.S.R.T.C — Pension and Retirement Benefits | 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 HARUN-UL-RASHID

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TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934

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WP(C).No. 29419 of 2012 (B)

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OPMV.614/2004 of MACT, PATHANAMTHITTA

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PETITIONER :

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P.N.MADHAVAN, AGED 60 YEARS S/O. NILAKANDAN, PANACHATHRA HOUSE, THENGELI.P.O., KALLOOR THIRUVALLA.

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BY ADVS.SRI.T.P.PRADEEP

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SRI.S.SREEDEV SRI.P.K.SATHEES KUMAR

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RESPONDENT :

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KERALA STATE ROAD TRANSPORT CORPORATION RERPESENTED BY ITS MANAGING DIRCTOR TRIVANDRUM-695023.

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BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29419 of 2012 (B

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1: TRUE COPY OF THE AWARD DATED 27-9-2010 IN OPMV NO. 614/2004

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

HARUN-UL-RASHID,J.

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W.P.(C) No. 29419 of 2012

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Dated this the 11^th day of December 2012

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JUDGMENT

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The writ petition is filed seeking a direction directing the respondent to comply with the award of the Motor Accidents Tribunal, Pathanamthitta dated 27.9.2010 in O.P.(MV) No.614/2004 and to deposit the amounts as per Ext.P1 before the Tribunal and for other incidental reliefs

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Petitioner is the claimant in O.P.(MV).No.614/2004 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The Tribunal allowed the claimant to recover a sum of `3,69,350/- with 7.5% interest as compensation. Since the amount of compensation was not paid as per the award, the petitioner filed execution petition No.10/11 before the Tribunal which is pending consideration. The writ petition is filed on the apprehension that the respondent may not deposit the award amount in the near future.

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The learned Standing Counsel for the respondentCorporation submits that the Corporation shall deposit the award amount due to the petitioner within a period of three months. The submission is recorded.

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w.p.(c) No.29419/2012

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Writ Petition is therefore disposed of directing the respondent-Corporation to deposit the amount due to the petitioner as per the award passed in O.P.(MV).No.614/2004, within a period of three months from the date of receipt of a copy of this judgment.

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Sd/- HARUN-UL-RASHID JUDGE

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al/-

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w.p.(c) No.29419/2012

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Petitioner is a claimant in O.P.(MV) No.614/2004 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The Tribunal passed an award dated 27.10.2010 allowing the petitioner to realise Rs.3, 69,350/- as compensation with interest @ 7.5% from the date of petition till the realization from the respondents with cost. After passing the award, the petitioner filed execution petition E.P. 10/11 before the Tribunal. Petitioner submits that the respondent had not so far deposited the amount before the Tribunal. The learned

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w.p.(c) No.29419/2012

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standing counsel on instructions submits that the amount due to the petitioner will be deposited within a period of three months from today. The submission is recorded.

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In the circumstance, the writ petition is disposed of, directing the respondent to deposit the compensation amount awarded in favour of the petitioner before the Tribunal, Pathanamthitta, within a period of three months from the date of receipt of a copy of the judgment.

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HARUN-UL-RASHID JUDGE

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al/-

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w.p.(c) No.29419/2012

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The Writ Petition is filed seeking a direction to the Motor Accidents Claims Tribunal, Pathanmthitta to dispose of

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w.p.(c) No.29419/2012

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E.P.No.208/2010 within a time frame to be fixed by this Court.

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Petitioner is the claimant in O.P.(MV).

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No.874/2000 on the file of the Motor Accidents Claims Tribunal, Kollam. The Tribunal allowed the claimant to recover a sum of `16,000/- with interest as compensation. Since the amount of compensation was not paid as per the award, the petitioner filed execution petition, which is pending consideration. The original petition is filed on the apprehension that the respondent may not deposit the award amount in the near future.

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The learned Standing Counsel for the respondent-Corporation submits that the Corporation shall deposit the award amount due to the petitioner within a period of three months. The submission is recorded.

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Original Petition is therefore disposed of directing the respondent-Corporation to deposit the amount due to the petitioner as per the award passed in O.P.(MV).No.874/2000, within a period of three months from the date of receipt of a copy of this judgment.

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w.p.(c) No.29419/2012 7

P.N.Madhavan v. K.S.R.T.C

Case brief

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P.N.Madhavan v. K.S.R.T.C

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