Preethi A vs New India Assurance Company Ltd

Kerala High Court

Preethi A vs New India Assurance Company Ltd on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        OP (MAC) NO. 40 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.925 OF 2022 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM


PETITIONER/PETITIONER

             PREETHI A
             AGED 35 YEARS
             W/O PRASANTH P, 67/10618, ELUPARAMBIL HOUSE,
             T D ROAD WEST ROAD, ERNAKULAM,
             PIN - 682011

            BY ADVS.
            K.S.ARUNDAS
            ABIJITH.K
            AMBILY JOSHY


RESPONDENTS/RESPONDENTS:

     1       NEW INDIA ASSURANCE COMPANY LTD.
             1215, B BLOCK, NAURANG HOUSE 21, K G MARG,
             NEW DELHI, REPRESENTED BY ITS MANAGING DIRECTOR,,
             PIN - 110001
     2       MR K N SHAFEEK
             S/O NASAR, HOUSE NO 4/29,
             THODUVELIPARAMBU, CHERALAI,
             MATTANCHERY, ERNAKULAM DISTRICT, PIN - 680002
     3       MR SHIHAB
             NIKARTHIL HOUSE, MASJID LANE,
             EDAKOCHI P O, EDAKOCHI,
             ERNAKULAM DISTRICT, PIN - 680002
     4       NATIONAL INSURANCE COMPANY
             1ST FLOOR, VETTEEL CHAMBERS,
             MAHATMA GANDHI RD, ADJACENT TO IOC PUMP, R
             AVIPURAM, PALLIMUKKU, ERNAKULAM,
             REPRESENTED BY ITS MANAGING DIRECTOR.,
             PIN - 682016
 O.P (MAC) No.40 Of 2024
                            2




         SRI.LAL K.JOSEPH (STANDING COUNSEL)-R1
         SRI.GEORGE CHERIAN (STANDING COUNSEL)-R4

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P (MAC) No.40 Of 2024
                               3




                         JUDGMENT

Dated this the 23rd day of May, 2024 The O.P (MAC) has been filed by the petitioner seeking early disposal of OP(MV) No.925/2022, which is pending on the file of the Motor Accident Claims Tribunal, Ernakulam.

2. The petitioner submitted that on 25.12.2021 at about 10 AM, when the petitioner was traveling in Scooter, a private car bearing registration No.KL-43M-4343 hit on the scooter of the petitioner. As a result, she was thrown to the road and thereby sustained serious injuries. Immediately after the accident, the petitioner was taken to General Hospital, Ernakulam, wherein she was given First Aid. Considering the gravity of injury, she was referred to Medical College Hospital, Kottayam. But, considering the pathetic medical condition, she immediately got admitted in nearby Medical Trust Hospital, Ernakulam. As highly complicated surgery was required, the O.P (MAC) No.40 Of 2024 4 petitioner was then shifted to Amrita Institute of Medical Sciences. As a result of the accident, the claimant suffered spine fracture and severe injuries and is completely bedridden from the date of accident.

3. The petitioner was an Accountant in a Grocery Shop at Ernakulam. The husband of the petitioner was a Driver. A huge amount has been spent for the treatment of the petitioner. The petitioner and her family are living in a financially pathetic situation.

4. The petitioner filed a claim petition before the Motor Accident Claims Tribunal, Ernakulam on 10.07.2022. The same was admitted on file and numbered as O.P (MV) No.925/2022. The said case was first posted for appearance of the respondents on 03.12.2023. But, on that day the case was adjourned through notification to 26.05.2023. Thereafter the case was posted several times and was adjourned by notification without considering in open court. So the O.P (MAC) No.40 Of 2024 5 petitioner has filed a petition for speedy disposal of the case on 27.10.2023. The said petition is not considered till date. Aggrieved by non-consideration of O.P (MV) No.925/2022 and Ext.P3 petition for early disposal, the petitioner has filed this O.P (MAC) before this Court.

5. I have heard the learned counsel for the petitioner and the respective learned Standing Counsel representing respondents 1 and 4. In view of the nature of the relief to be granted in this writ petition, notice to respondents 2 and 3 is dispensed with.

6. The grievance of the petitioner is relating to long pendency of the O.P (MV). When this O.P (MAC) came up, this Court sought for a report from the Motor Accident Claims Tribunal, Ernakulam. The Tribunal has informed that Medical Board report is awaited and once the Medical Board gives its report enabling the Tribunal to assess the disability of the petitioner, the matter can be proceeded further with trial. It O.P (MAC) No.40 Of 2024 6 may take a further four months time to conclude the trial and pass Award.

7. Taking into consideration the afore facts, I am of the view that the O.P(MAC) can be disposed of with appropriate directions.

The O.P (MAC) is therefore disposed of directing the Motor Accident Claims Tribunal to try and pass Award in O.P (MV) No.925/2022 within a period of four months from the date of receipt of the report of the Medical Board.

Sd/-

N.NAGARESH JUDGE hmh O.P (MAC) No.40 Of 2024 7 APPENDIX OF OP (MAC) 40/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION NO OP (MV) 925/2022 Exhibit P2 A TRUE COPY OF PROCEEDINGS IN OP (MV) NO 925/2022 OBTAINED FROM THE OFFICIAL WEBSITE Exhibit P3 A TRUE COPY OF THE PETITION FILED SEEKING EARLY DISPOSAL DATED 26/10/2023