Jacob vs Jacob
2021 Latest Caselaw 11783 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                      OP (MAC).No.39 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OPMV 138/2018 OF MOTOR ACCIDENT
                      CLAIMS TRIBUNAL PALA


PETITIONER / 2ND RESPONDENT IN OP(MV):

             JACOB
             AGED 65 YEARS
             S/O. ALEXANDER, PANACHIMOOTTIL HOSUE, VANDAMPATHAL
             P.O., ERUMELY-686 509.

             BY ADV. SRI.I.DINESH MENON

RESPONDENTS / PETITIONERS / RESPONDENTS 1 & 3:

      1      SAJIMON V.P.
             S/O. THANKAPPAN, VALIYAPURACKAL HOUSE, KOSADY KARA,
             MADUKKA P.O., KORUTHODU, KOTTAYAM-686 513.

      2      VIJAYAKUMARI
             W/O. SAJIMON, VALIYAPURACKAL HOUSE, KOSADY KARA,
             MADUKKA P.O., KORUTHODU, KOTTAYAM-686 513.

      3      SATHEESH SAJI
             AGED 32 YEARS
             S/O. SAJI, AYINARUPALLIL HOUSE, KORUTHODU P.O.,
             MUNDAKKAYAM, KOTTAYAM-686 513.

      4      ROY K.PAULOSE
             S/O. PAULOSE, KIZHAKKEKARAYIL HOUSE, KORUTHODU P.O.,
             KUZHIMAVU, KOTTAYAM-686 513.


     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.04.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.39 OF 2021

                                       2




                                JUDGMENT

Dated this the 9th day of April 2021

The petitioner is the second respondent in OP (MV)

No.139/2018 on the MACT, Pala. Compensation was

sought in respect of death of the son of the petitioner in

a motor accident. The grievance of the petitioner is

that since the vehicle is involved, there is an

attachment. It causes difficulty to the petitioner herein.

Accordingly, he seeks an early disposal or for

consideration of application for vacating the order of

attachment.

2. Having considered the entire facts, I feel that

it will be in the interest of justice of both the sides that

a direction is given to the Tribunal for an expeditious

consideration of the claim petition itself which will

definitely beneficial for the claimants. Having

considered this, I am not inclined to issue notice to the

claimants for this limited purpose alone.

3. Accordingly, there will be a direction to the OP (MAC).No.39 OF 2021

court below to take up and dispose of the OP (MV)

No.139/2018 itself, as expeditiously as possible, at any

rate, within a period of six months from the date of

receipt of a copy of this judgment and after giving both

sides to place on record their documents and evidences.

The original petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/12-4 OP (MAC).No.39 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION BEFORE THE COURT BELOW DATED 29.1.2018.

EXHIBIT P2 TRUE COPY OF THE ORDER OF ATTACHMENT IN I.A.189/2018 DATED 3.2.2018.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.13098/2018 DATED 7.5.2019.

EXHIBIT P4 TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-

34 B 9479.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN OP(MAC) NO.66/2019 DATED 2.8.2019.

EXHIBIT P6 TRUE COPY OF THE FINAL ORDER IN OP(MAC) NO.66/2019 DATED 26.9.2019.

RESPONDENTS EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE