K.U.Mathai vs The Managing Director
2021 Latest Caselaw 19595 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                      WP(C) NO. 17922 OF 2021
PETITIONER:

           K.U.MATHAI
           AGED 61 YEARS
           S/O ULAHANNAN, KARUTHEDATHU HOUSE, KADAYIRUPPU P.O,
           AIKKARANADU NORTH VILLAGE, KOLENCHERY VIA,
           ERNAKULAM DISTRICT, PIN-682 311.

           BY ADV BENNY VARGHESE



RESPONDENTS:

     1       THE MANAGING DIRECTOR
             K.S.R.T.C TRIVANDRUM, TRIVANDURM FORT, PIN-695
             023.

     2       THE TAHSILDAR,
             TALUK OFFICE, NEAR EXCISE OFFICE, FORT, EAST FORT,
             PAZHAVANGADI, THIRUVANANTHAPURAM, PIN-695 023.

           BY ADV P.C.CHACKO(PARATHANAM)




           Sri Aswin Sethumadhavan Sr GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17922 OF 2021            2

                            JUDGMENT

The petitioner has approached this Court

alleging that the respondent - Kerala State Road

Transport Corporation (KSRTC), is not honouring

Ext.P1 Award and has not deposited the amounts

ordered thereunder before the Competent Tribunal.

The petitioner, therefore, prays that the KSRTC be

directed to do so, within a time frame to be fixed

by this Court.

2. Sri.P.C.Chacko, learned Standing Counsel

for the KSRTC, submitted that though his client is

willing and ready to deposit the amounts under the

Award, they may be given at least four months time

to do so, on account of the stringent financial

crisis being faced by them at present.

3. Shri.P.C.Chacko, thereafter, submitted that

the petitioner, in fact, agreed that he will waive

the interest, if the amounts are deposited within a

time frame, as is evident from Ext.P4 and offered

that if the petitioner is still so interested, the

amounts can be deposited within 15 days from today

without interest.

4. However, the learned counsel for the

petitioner, Shri.Benny Varghese, refused to accede

to the above, explaining that the offer made by his

client in Ext.P4 was on account of extenuating

circumstances at that time and that since the KSRTC

did not accept it, they cannot now seek any benefit

out of it.

Taking note of the afore submissions, I allow

this writ petition and direct the 1st respondent to

deposit the amounts covered by Ext.P1 Award before

the Motors Accidents Claims Tribunal, Muvattupuzha,

within a period of four months from the date of

receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/20.9

APPENDIX OF WP(C) 17922/2021

PETITIONER EXHIBITS

Exhibit P THE TRUE COPY OF THE AWARD PASSED BY THE HON'BLE MOTOR CLAIMS ACCIDENT TRIBUNAL, MUVATTUPUZHA IN OP(MV) 162/2013 DATED 13.10.2015

Exhibit P2 THE TRUE COPY OF THE EXECUTION PETITION AS E.P NO 17/2016 FILED BY THE PETITIONER TO RECOVER THE AWARD AMOUNT DATED 23.7.2016

Exhibit P3 THE TRUE COPY OF THE REQUISITION FOR RECOVERY OF THE AWARD AMOUNT ISSUED TO THE 2ND RESPONDENT THE TAHASILDAR THIRUVANANTHAPURAM AND VILLAGE OFFICER VANCHIYOOR BY THE MOTOR CLAIMS ACCIDENT TRIBUNAL, MUVATTUPUZHA, DATED 30.10.2018

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENT DATED 30.7.2021