IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
OP (MAC) NO. 64 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPMV 1794/2020 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOLLAM
PETITIONERS/PLAINTIFFS:
1 SOMAN
AGED 59 YEARS
RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
KILIKOLLOOR, KOLLAM-691004., PIN - 691004
2 JAYA
AGED 49 YEARS
RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
KILIKOLLOOR, KOLLAM-691004., PIN - 691004
3 VISHNU
AGED 28 YEARS
RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
KILIKOLLOOR, KOLLAM-691004., PIN - 691004
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENT/DEFENDANT:
1 ANANDHU
AGED 24 YEARS
K.P.NAGAR-33, ANANDHU BHAVAN, KILIKOLLOOR,
KALLUMTHAZHAM.P.O, KOLLAM-691004(DRIVER OF THE
VEHICLE BEARING REG NO.KL-21-R-7560), PIN - 691004
2 HAJAR BEEVI
AGED 51 YEARS
D/O FATHIMA KUNJU, A.N.MANZIL, CHARUMOODU,
PUTHUKULANGARA.P.O, TRIVANDRUM( REGISTERED OWNER
OF THE VEHICLE BEARING REGISTRATION NUMBER KL-21-
R-7560), PIN - 695541
O.P.(MAC) No.64 of 2022
2
3 MANAGER,THE NEW INDIA INSURANCE CO.LTD
OPP. FOREST OFFICE, CHULLIMANOOR JN.
CHULLIMANOOR.P.O, NEDUMANGAD, TRIVANDRUM-695541
(INSURER OF THE VEHICLE BEARING REGISTRATION NUMBER
KL-21 R-7560), PIN - 695541
BY SRI. LAL K.JOSEPH - SC.
THIS OP (MAC) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(MAC) No.64 of 2022
3
JUDGMENT
This O.P.(MAC) is filed for a direction to the Motor Accidents Claims Tribunal, Kollam to dispose of O.P.(MV) No.1794/2020 on the file of the said Tribunal within a time frame fixed by this Court.
2. Heard the learned counsel for the petitioner and Sri. Lal.K.Joseph, learned Standing counsel for the 3 rd respondent Insurance Company. In the nature of the direction I propose to pass, notice to the 2nd respondent is dispensed with.
3. When the O.P.(MAC) came up for admission on 27.06.2022, this Court directed the Registry to get a report from the Motor Accidents Claims Tribunal, Kollam as to the minimum time required for the disposal of O.P.(MV) No.1794 of 2020. The report has been submitted by the learned Tribunal wherein it is stated that the respondents 1 to 3 in the O.P.(MV) have not filed written statement so far. However, it is reported that the Tribunal will ensure that the O.P.(MAC) No.64 of 2022 4 case will be disposed of at the earliest preferably within four months.
4. In the light of the report of the Tribunal, I am sure that the Tribunal will endeavour to dispose of the matter at the earliest.
The O.P.(MAC) is disposed of with the above observation.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-
O.P.(MAC) No.64 of 2022 5 APPENDIX OF OP (MAC) 64/2022 PETITIONER EXHIBITS Exhibit::P1 THE TRUE COPY OF THE PETITION FILED BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL KOLLAM NUMBERED AS OP(MV)1794/2020 DATED 11TH SEPTEMBER 2020 Exhibit:P2 THE TRUE COPY OF THE DIAGNOSIS REPORT OF THE 2ND PETITIONER ISSUED BY THE DEPARTMENT OF CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM Exhibit:P3 THE TRUE COPY OF THE MEDICAL CERTIFICATE FOR AVAILING FINANCIAL ASSISTANCE DATED 06.07.2021