IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
OP (MAC) NO.37 OF 2021
AGAINST THE ORDER/JUDGEMENT IN OPMV 842/2019 OF SPECIAL
COURT FOR EC ACT CASES & MOTOR ACCIDENT CLAIMS TRIBUNAL,
Thrissur
PETITIONER/APPLICANT IN THE ORIGINAL CLAIM APPLICATION:
JISHNU, AGED 24,
S/O. CAHDRAN, KATTUNGAL HOUSE,
THANIKKUDAM P. O.,
KUTTUMUKKU,
THRISSUR, PIN - 680 631.
BY ADV. SRI. JAYAKUMAR.S
RESPONDENTS/RESPONDENTS 1 TO 3 IN THE ORIGINAL O.P:
1 JANCY FRANCIS
AGE NOT KNWON, W/O. K.C.FRANCIS,
KADAVIL HOUSE, KUTTUMUKKU,
THRISSUR, PIN - 680 631.
2 MANURAJ C. R.,
AGE NOT KNOWN, S/O. RAJAN C.U.,
CHENNANKUZHY HOUSE,
MANALITHARA P. O.,
THRISSUR,
PIN - 680 589.
3 THE UNITED INDIA INSURANCE CO.LTD.,
REPRESENTED BY ITS MANAGER,
DIVISIONAL OFFICE,
PARK HOUSE, ROUND NORTH,
THRISSUR - 680 001.
R3 - SRI. P.K MANOJ KUMAR, SC
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(M.A.C) No.37 of 2021
2
JUDGMENT
The petitioner, who is the claimant in O.P.(MV) No.842 of 2019 on the file of the Motor Accidents Claims Tribunal, Thrissur, a claim petition filed under Section 166 of the Motor Vehicles Act claiming compensation on account of the injuries sustained to him in a motor accident, which occurred on 18.01.2019. The petitioner has filed this original petition, under Article 227 of the Constitution of India seeking time bound consideration of the said original petition, a copy of which is placed on record as Ext.P1.
2. On 07.04.2021, when this original petition came up for admission, Registry was directed to call for a report from the Motor Accidents Claims Tribunal, Thrissur as to the present stage of O.P.(MV) No.842 of 2019 and also the appropriate limit within which the claim petition can be taken up and disposed of.
3. Pursuant to the said order, the Tribunal has forwarded a report dated 07.05.2021, addressed to Registrar (Judicial), wherein it is stated that the total pendency of cases before the Tribunal as on 31.03.2021 is 9090, out of which 1000 cases are more than 5 year old. In the said report, it is stated that in case O.P.(M.A.C) No.37 of 2021 3 of urgency, O.P.(MV) No.842 of 2019 can be advanced and disposed of within six months.
4. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the 3rd respondent Insurer. Considering the nature of relief proposed to be granted, service of notice on respondents 1 and 2 is dispensed with.
5. In this original petition the petitioner is seeking early disposal of O.P.(MV) No.842 of 2019 pending before the Motor Accidents Claims Tribunal, Thrissur. In the accident, which occurred on 18.01.2019, the petitioner sustained injuries. Relying on Ext.P3 disability certificate dated 15.07.2020 issued by the Disability Assessment Board at Government Medical College Hospital, Thrissur, the learned counsel for the petitioner would point out that the injuries sustained in the accident had resulted in permanent disability and in such circumstances, a time bound disposal of the claim petition is highly essential.
6. Having considered the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent Insurer and also the report of the Tribunal, this Original Petition is disposed of by directing the O.P.(M.A.C) No.37 of 2021 4 Motor Accidents Claims Tribunal, Thrissur to finally dispose of O.P.(MV) No.842 of 2019, as expeditiously as possible, at any rate, within a period of six months from the date on which pleadings are complete in that claim petition.
7. In case the respondents are yet to file written statement in the claim petition, the same shall be filed, within a period of two months.
The petitioner shall communicate a copy of this judgment to respondents 1 and 2 or their counsel before the Tribunal and a memo to that effect shall be produced before the Tribunal along with a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE SPR O.P.(M.A.C) No.37 of 2021 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN OP(MV) NO.842 OF 2019 ON THE FILES OF LD. MACT, THRISSUR DATED 08.04.2019.
EXHIBIT P2 A TRUE COPY OF THE FIR IN CR.NO.91 OF 2019 OF VIYYUR POLICE STATION.
EXHIBIT P3 A TRUE COPY OF DISABILITY CERTIFICATE OF THE PETITIONER DATED 15.07.2020.
EXHIBIT P4 A TRUE COPY OF THE CASE PROCEEDINGS IN OP (MV) NO.842 OF 2019 ON THE FILES OF HON'BLE MACT, THRISSUR DATED NIL.
RESPONDENT'S/S EXHIBITS: NIL.