K.S. Radhakrishnan, J.

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. In fact, the loss caused to the Corporation due to rash and negligent driving of their drivers came up for serious comments by a Div