Syamala Amma vs Kerala State Road Transport … on 1 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33068 of 2010(G)


1. SYAMALA AMMA,W/O.LATE AYYAPPAN,
                      ...  Petitioner
2. SREEJA,D/O.AYYAPPAN, -DO-      -DO-
3. SREENJA,D/O.AYYAPPAN,   -DO-   -DO-

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

                For Petitioner  :SRI.K.G.RADHAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :01/11/2010

 O R D E R
                            C.T.RAVIKUMAR, J.
                         ----------------------------
                        W.P.(C)No.33068 of 2010
                         ----------------------------
                        Dated 1st November, 2010

                                JUDGMENT

One Ayyappan Pillai died on 5.3.2006 while working as

Driver under the respondent. A claim petition was filed by the

petitioners under the Workmen’s Compensation Act as W.C.C.No.109 of

2006 contending that the said death had occurred out of and in the

course of employment. Ext.P1 is the order passed in W.C.C.No.109 of

2006. As per the same, the respondent herein was directed to pay a

compensation of Rs.2,63,900/- with interest at the rate of 12% per

annum from the date of death viz., from 5.3.2006 till the date of

payment. As per Ext.P1, the respondent was directed to effect payment

within 30 days from the date of receipt of the order. The grievance of

the petitioners who are the widow and children of the said Ayyappan

Pillai, is that despite Ext.P1 order the respondent has not deposited the

amount awarded as per Ext.P1. This writ petition has been filed in the

said circumstances praying for issuance of a writ of mandamus

commanding the respondent to deposit the amount covered as per

Ext.P1 order.

2. I have heard the learned counsel appearing for the

petitioners as also the learned standing counsel for the respondent.

WP(C).No.33068/2010 2

The learned standing counsel for the respondent submitted

that the amount covered as per Ext.P1 order would be deposited in terms

of Ext.P1 within two months. This is recorded. Accordingly, this writ

petition is disposed of with a direction to the respondent to deposit the

amount covered as per Ext.P1 in terms of the same expeditiously, at any

rate within a period of two months from the date of receipt of a copy of

this judgment.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S. to Judge