High Court of KeralaWP(C)/29836/2014disposed of

Harikuttan @ Harilal v. The Managing Director

2015-02-11Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 29836 of 2014 (D) ---------------------------- PETITIONER :

---------------------- HARIKUTTAN @ HARILAL, AGED 38 YEARS, S/O.PURUSHAN, PUTHUVAL, KAKKAZHAM P.O., ALAPPUZHA.

BY ADV. SRI.P.SHANES METHAR RESPONDENT :

---------------------------- THE MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAVAN, THIRUVANANTHAPURAM- 695 001. BY SRI.SREEPRAKASH K.NAIR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 29836 of 2014 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE AWARD DATED 25/7/2013 IN OP (MV)NO.1228/2006 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA. EXHIBIT P2 COPY OF THE E.P.NO.34/2014 FILED IN OP (MV) NO.1228/2006 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL ,ALAPPUZHA, ALONG WITH ITS TRANSLATION.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

K.VINOD CHANDRAN, J.

----------------------------------------- W.P.(C) No.29836 of 2014 ----------------------------------------- Dated this the 11th day of February, 2015

JUDGMENT

The petitioner is aggrieved by the delay in satisfying the award at Ext.P1. The petitioner was injured in an accident in which a K.S.R.T.C. bus was involved. Negligence was found on the driver and an award was passed as early as on 25.7.2013. An execution petition has also been filed as per Ext.P2. The execution petition is said to be pending before the Motor Accidents Claims Tribunal, Alappuzha. In any event, since the K.S.R.T.C comes within the definition of State under Article 12 of the Constitution, it is only proper that there be issue a direction, considering the long delay in making the remittance, to the K.S.R.T.C to satisfy the amounts within six months from today. If the same is not complied with, then the execution proceedings shall be taken up and shall be expedited even ordering attachment of the movables, if so required. The writ petition is disposed of. The parties shall bear their respective costs.

Sd/- K.VINOD CHANDRAN, JUDGE.

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