KERALA STATE ROAD TRANSPORT CORPORATION Vs. N.K. BYJUMON

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 2533 of 2016, Judgment Date: Mar 04, 2016

                                                NON-REPORTABLE


                         IN THE SUPREME COURT OF INDIA
                        CIVIL  APPELLATE JURISDICTION


                          CIVIL APPEAL NO.2533 OF 2016
                  (Arising out of S.L.P.(C) No.554 OF 2016)


|KERALA STATE ROAD TRANSPORT CORPORATION                         Appellant(s)         

                                     Versus

|N.K. BYJUMON                                                   Respondent(s)       

                                J U D G M E N T


ANIL R. DAVE, J.

1.    We have heard learned counsel for both the parties.
2.    The respondent, who has now appeared in  the  case,  is  permitted  to
withdraw the amount of Rs.10,000/- (rupees ten thousand only)  deposited  by
the petitioner with the Registry.
3.    The petitioner is  directed  to  pay  a  further  sum  of  Rs.10,000/-
(rupees ten thousand only) to the respondent by way of costs.
4.    Leave granted.
5.    Looking at the fact that the respondent has been compensated  and  the
delay was due to carelessness of an employee of  the  appellant-Corporation,
who is being departmentally dealt with, we set aside the  impugned  judgment
passed by the High Court and remit
                                     -2-

the matter to the High Court so that the  same  can  be  decided  afresh  on
merits.
6.    The appeal is, accordingly, disposed of as allowed.
7.    The parties shall appear before the High Court  on  28th  March,  2016
for further hearing of the case.



                                                       ....................J.
                                                              (ANIL R. DAVE)



                                                       ....................J.
                                                         (ADARSH KUMAR GOEL)

New Delhi,
March 04, 2016