Sudha Mohan vs The Managing Director
2021 Latest Caselaw 774 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                    WP(C).No.27570 OF 2020(U)


PETITIONER/S:

             SUDHA MOHAN
             AGED 49 YEARS
             W/O.LATE MOHANAN, THIRUVATHRA HOUSE, CHAVAKKAD
             DESOM, P.O.CHAVAKKAD, THRISSUR-680 506.

             BY ADVS.
             SRI.A.R.NIMOD
             SRI.M.A.AUGUSTINE

RESPONDENT/S:

      1      THE MANAGING DIRECTOR
             KERALA STATE ROAD TRANSPORT CORPORATION,
             TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023.

      2      THE DISTRICT COLLECTOR,
             THIRUVANANTHAPURAM-695 036.

             R1 BY ADV. P.C.CHACKO,STANDING COUNSEL,KSRTC
             R2 GP SRI.BIMAL K NATH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27570 OF 2020(U)
                                 2




                          JUDGMENT

The petitioner herein is the beneficiary of the

award in O.P.(MV)No.2371 of 2011 on the files of the

MACT, Thrissur dated 22.08.2017. Ext.P2 execution

petition was filed and is pending as EP.No.374/2018.

The grievance of the petitioner herein is that, in spite of

all efforts taken by the execution court, award could

not be implemented, due to procedural delays as well

as due to non deposit of the award amount by the

KSRTC. Petitioner hence seeks a direction to the

KSRTC to deposit the money due under the award.

2. Heard the learned counsel for the petitioner

and the learned standing counsel Sri.P.C.Chacko. I feel

that there has been considerable delay in the execution

of OP(MV)No.2371 of 2011. Hence, I am inclined to

dispose of the Writ Petition itself, with a direction to the

KSRTC to deposit the award amount in OP(MV)No.2371

of 2011 with accrued interest, before the MACT, WP(C).No.27570 OF 2020(U)

Thrissur, as expeditiously as possible, at any rate,

within a period of four months from the date of receipt

of a copy of this judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.27570 OF 2020(U)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD IN MV.OP NO.2371/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 22.08.2017.

EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION IN EP NO.374/2018 OP(MV)NO.2371/2011 DATED DECEMBER 2018.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC 7572/2019 DATED 13.03.2019.

   RESPONDENT'S/S EXHIBITS        NIL