IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21308 of 2010(K)
1. SYAMALA, D/O.SANTHA, AGED 42 YEARS,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT
... Respondent
For Petitioner :SRI.T.B.SARASAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :09/07/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C)21331/2010,
Nos.21308/2010, 21309/2010, 21330/2010
21332/2010 & 21333/2010
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Dated this the 9th day of July, 2010.
J U D G M E N T
The issue involved in all these cases is rather similar and
hence is being dealt with together.
2. The petitioners are either injured or the legal heirs of the
deceased, who sustained serious injuries in some road traffic
accidents, which led to different claim petitions before the
concerned Tribunals. On conclusion of the trial, the Tribunals have
passed Awards granting compensation with interest as specified.
Inspite of filing Execution Petitions and resorting to such other
steps, the liability remains still to be satisfied, which made the
petitioners to approach this Court by filing these Writ Petitions.
3. The learned standing counsel appearing for the
Corporation submits that, the default is never wilful; but because of
some unforeseen pecuniary circumstances and that the entire
liability will be cleared within ‘three’ months. Taking note of the
said submission, this Court does not find it necessary to adjudicate
the matter further and accordingly, all these matters are closed
W.P(C) Nos.21308/2010, 21309/2010, 21330/2010
21331/2010, 21332/2010 & 21333/2010 2
directing the respondents to effect the payments as assured and
undertaken before this Court, satisfying the liability within three
months as above.
4. However, before parting with the matters, this Court
would like to express serious concern with regard to the plight of
the persons like the petitioners herein. It is revealed that,
eventhough the compensation was awarded by the Tribunals years
back, the Corporation has not disbursed the amounts so far; nor
have they filed any appeal in this regard. The stand being reflected
is that, the Corporation chooses to honour the Awards only after
filing Writ Petitions and in some cases, after filing Contempt of
Court Case. This practice cannot but be deprecated in the
strongest possible words; for the plain reason that it only helps to
increase the number of litigations before this Court, besides causing
much loss and hardships to the claimants. Being a State Government
undertaking, the respondent Corporation has also got a duty to
ensure that the litigations before this Court are caused to be scaled
down to the maximum possible extent, unless there is any valid
defence. In view of the undisputed fact that the Awards passed by
W.P(C) Nos.21308/2010, 21309/2010, 21330/2010
21331/2010, 21332/2010 & 21333/2010 3
the various Tribunals have not been chosen to be challenged by
filing appeals under Section 173 of the Motor Vehicles Act, the non-
payment of the due amount in similar cases atleast in a phased
manner, is not liable to be justified; which requires to be
considered, for providing appropriate remedial measures; lest the
default in this regard should invite adverse consequences including
ordering ‘Cost’. More so, since the time factor very much pricks the
conscience, as in W.P(C) No.21308 of 2010, where the accident
giving rise to the cause of action was on 26.2.1994 and the Award
was passed by the Tribunal on 20.12.1999. It has also to be
considered why the vehicles are not duly insured, to meet the
requirement under Chapter X and Chapter XI of the Motor Vehicles
Act 1988 and whether the KSRTC enjoys/continue any benefit of
exemption under Section 146(3) (C) of the Motor Vehicles Act.
6. However, for the time being, this Court takes a lenient
view and refrains from awarding any cost in respect of the delay and
the expenses stated as incurred by the petitioners in filing Execution
Petitions and the Writ Petitions.
7. Registry shall forward a copy of this judgment to
W.P(C) Nos.21308/2010, 21309/2010, 21330/2010
21331/2010, 21332/2010 & 21333/2010 4
Principal Secretary to the Government of Kerala, Department of
Transports, for appropriate steps, if any.
The Writ Petitions are disposed of.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab