IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 31420 of 2002(M)
1. SRI. HAMSAKUNJU, S/O. P.S. MOIDEEN BAVA
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.P.K.MURALEEDHARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :25/01/2008
O R D E R
KURIAN JOSEPH, J.
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O.P. No. 31420 OF 2002
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Dated this the 25th day of January, 2008.
J U D G M E N T
The issue raised in this original petition regarding liability of
the driver to meet the compensation amount awarded by the
Motor Accidents Claims Tribunal is covered in favour of the
petitioner by the decision reported in Badarudeen vs. Kerala
State Road Transport Corporation and another (1999(1)
ILR 1).
2. Therefore, it is declared that the petitioner shall not be
made liable for the compensation amount as awarded by the
Motor Accidents Claims Tribunal. The impugned orders are
hence quashed. The withheld amount shall be disbursed within a
period of two months from the date of production of a copy of
this judgment and if not, the petitioner shall be entitled to
interest at the rate of 12% from the date of retirement.
This original petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
KURIAN JOSEPH, J.
O.P. No. 31420 OF 2002
J U D G M E N T
25.01.2008