Shafiya vs M.P.Dinesh
2021 Latest Caselaw 14126 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
  WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
               CON.CASE(C) NO. 2522 OF 2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 9450/2019 OF HIGH COURT
                         OF KERALA
PETITIONERS:

    1    SHAFIYA
         AGED 33 YEARS
         D/O. PANIKKAVEETTIL MOHAMMEDUNNY, RESIDING AT P.O
         BRAHMAKULAM, THRISSUR DISTRICT 680 104
         (MINOR 2ND PETITIONER REPRESENTED HEREIN BY HER
         GUARDIAN MOTHER THE 1ST PETITIONER)
    2    ASRIYA ZAHRATH (MINOR),
         AGED 11 YEARS
         D/O. ANWAR ALI RAJILE AND SHAFIYA , RESIDING AT
         P.O BRAHMAKULAM, THRISSUR DISTRICT 680 104.
         BY ADVS.
         T.C.SURESH MENON
         SRI.P.S.APPU
         SRI.A.R.NIMOD


RESPONDENTS:

         M.P.DINESH,
         (FATHERS NAME AND AGE NOT KNOWN TO THE
         PETITIONER)) THE MANAGING DIRECTOR, KERALA STATE
         ROAD TRANSPORT CORPORATION, EAST FORT,
         PAZHAVANGADI, THIRUVANANTHAPURAM 695 023.

         ADV.T.P.SAJAN, SC KSRTC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Cont.Case(C)2522 OF 2019         2


                           JUDGMENT

The petitioners have filed this Contempt Case, alleging non-

compliance of the directions contained in Annexure-A judgment

of this Court dated 10.04.2019 in W.P.(C)No.9450 of 2019,

whereby that writ petition was disposed of by directing the

respondent herein to deposit the entire amount covered by

Ext.P1 award of the III Additional Motor Accidents Claims

Tribunal, Thrissur in O.P.(MV)No.22 of 2009, before the Tribunal,

within four months from the date of receipt of a certified copy of

that judgment.

2. On 03.12.2019, when this Contempt Case came up for

admission, the learned Standing Counsel sought time to get

instructions.

3. On 13.01.2020, when this Contempt Case came up for

consideration, the learned Standing Counsel for KSRTC submitted

that an amount of Rs.9,79,702/- is being released in partial

discharge of the award amount in O.P.(MV)No.22 of 2009 on the

file of the III Additional Motor Accidents Claims Tribunal, Thrissur

and the same shall be deposited before the Tribunal, within two

days. In the order dated 13.01.2020, it was made clear that, it

would be open to the petitioners/claimants to approach the

Tribunal with a request for disbursement of the said amount and

any such request shall be considered by the Tribunal, taking note

of the law on the point and also the directives issued by this

Court in Circular No.3 of 2019 dated 06.09.2019 and clarified

further in Official Memorandum No.D1-62475/2016 dated

07.11.2019.

4. Today, when the case is taken up for further

consideration, the learned counsel for the petitioners would

submit that the respondent has deposited the balance amount

before the III Additional Motor Accidents Claims Tribunal,

Thrissur on 09.09.2020. The petitioners have already moved an

application before the Tribunal, highlighting their grievances

regarding non-payment of interest till the date of deposit, which

is now pending consideration. Therefore, without prejudice to the

right of the petitioners to prosecute that application, this

Contempt Case may be closed.

Based on the aforesaid submissions made by the learned Cont.Case(C)2522 OF 2019 4

counsel for the petitioners, this Contempt Case is closed; without

prejudice to the right of the petitioners to prosecute the aforesaid

application, in accordance with law.

Sd/-

                                          ANIL K. NARENDRAN
                                                JUDGE

yd
 Cont.Case(C)2522 OF 2019      5

                           APPENDIX
PETITIONERS' ANNEXURES:

ANNEXURE A         TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

9450/2019 ON THE FILE OF THIS HONOURABLE COURT DATED 10-04-2019.

RESPONDENT'S ANNEXURES:NIL

TRUE COPY

P.A. TO JUDGE