NOWSHAD Vs. KSRTC

JUDGEMENT

(1.) Petitioners in these cases are either victims or their legal representatives in connection with the accidents caused by the rash and negligent driving of the vehicles by the drivers of the Kerala State Road Transport Corporation, hereinafter referred to as the 'Corporation'.

(2.) Accidents in most of the cases occurred a decade ago. After a long drawn litigation in the Tribunals, petitioners have approached this court for a direction to the Corporation to pay compensation due to them. Victims of accidents have to wait several years undergoing physical and mental strain. Tribunals in all the cases found that the accidents occurred due to rash and negligent driving of the vehicles by the drivers of the Corporation. Even in cases where award amounts are considerably low, Corporation would not pay the amount. Petitioners have voiced their complaints that Corporation has been disbursing amounts according to their whims and fancies. Instances have been pointed out that eventhough the amount is huge, Corporation in certain cases within a few months of the date of the accident disbursed the amount without any orders from the Tribunal or orders in execution. Petitioners also contended that there are no guidelines laid down by the Corporation, with the result, the disbursing officers would release the amount according to their whims and fancies, giving room for arbitrary action.

(3.) I found force in the contention of counsel for the petitioners. Therefore I passed an order on 13-7-1998 directing the Corporation to furnish details of the amounts disbursed to the claimants for the years 1997 and 1998. As directed by this court, a detailed statement has been made available to this court by counsel for the Corporation. I have perused those details and found that in several cases Corporation has released the amount within a few months from the date of award. For example, O.P.M.V. No. 212/94 of Attingal MACT, award passed on 22-4-1997 for an amount of Rs. 4,31,724/- and the amount was deposited by the Corporation on 23-8-1997, that is within four months. So also the award was passed by the Tribunal in O.P.M.V. No. 213/94 on 22-4-1997 for an amount of Rs. 2,62,334/- and the amount was deposited on 15-11-1997, So also in O.P.M.V. No. 108 of 1991 of the MACT, Udumelpet, the award was passed on 19-6-1996 for an amount of Rs. 1,58,368/- and the amount was deposited on 28-1-1997.I also noticed several other instances where amounts have been remitted within a few months of the date of the award. We find, at the same time, in very many cases, Corporation failed to deposit the amount even after 8 to 10 years from the date of the award. In many cases the accidents occurred a decade ago. In certain cases, amounts are below Rs. 25,000/-. For example, in O. P. No. 23358 of 1998, in O.P.M.V. No. 1390 of 1988 of the Motor Accidents Claims Tribunal, Attingal, the award was passed on 8-6-1993, for an amount of Rs. 6000/- with 12% interest from 14-10-1988. So far the amount has not been paid. In fact in the award there was a direction to the Corporation to produce before the Tribunal crossed demand draft for Rs. 6000/- plus interest in the name of the claimant within one month from 8-6-1993. Corporation did not pay the amount. This court also later directed the Corporation to explain the delay caused in payment of small amounts and what are the modalities they are going to adopt in future with regard to the disbursement of award amounts.