JOSEPH Vs. K S R T C

JUDGEMENT

(1.) QUESTION that has come up for consideration in all these cases is as to whether the Kerala State Road Transport Corporation has got power to withhold Death-cum-Retirement Gratuity amount so as to meet the liability of the employees or pensioners pertaining to the awards passed by the motor Accident Claims Tribunals.

(2.) MOTOR Accident Claims Tribunals are awarding large amounts by way of compensation against the Corporation and their drivers, in respect of the accidents occurred due to rash and negligent driving of drivers of the Corporation. Several awards are being passed making the Corporation as well as the drivers jointly and severally liable to compensate the victims. In some awards drivers are directly made liable to pay the compensation and the corporation vicariously. In many of the awards-, there are clear findings to the effect that drivers are rash and negligent which led to the claim being allowed, and even then the Corporation was constrained to satisfy those awards causing considerable financial strain.

(3.) A meeting of the Board of Directors of the Corporation was therefore held on 4. 4. 1994 in which it was decided that full pension and commutation value of pension shall be paid to the delinquent drivers who retired from service of the Corporation and having MACT cases pending against them for final disposal after withholding their DCRG amount. A Board order to that effect was issued by the Corporation 15. 4. 1994. Board of Directors of the corporation again met on 28. 2. 1995 and decided that the apportioned amount of mact awards to be realised from the employee found at fault, should be limited to DCRG admissible to them. An order to that effect was passed by the corporation vide proceedings dated 14. 3. 1995.