Santhosh vs Rugmini
2021 Latest Caselaw 17036 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         OP (MAC) NO. 78 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 280/2017 OF SPECIAL COURT
   FOR EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR,
                                 THRISSUR
PETITIONER / APPLICANT IN THE ORIGINAL OP:

    1        SANTHOSH
             AGED 50 YEARS
             S/O. JANARDHANAN, PANIKKASSERY HOUSE, KUNDALIYUR
             P.O., ENGANDIYUR, THRISSUR-680616.

             BY ADVS.
             RINU. S. ASWAN
             KARTHIK RAJAGOPAL

RESPONDENTS / RESPONDENTS IN THE ORIGINAL OP:

    1        RUGMINI
             AGE UNKNOWN, W/O. RAMAN NAIR, 1/25, CHEMMANDA
             HOUSE, ARIMPUR, THRISSUR-680620.

    2        SURESH BABU T.B.,
             AGE NOT KNOWN, S/O. BALAN, THOTTAPURA HOUSE,
             KIZHAKKUMURI P.O., THRISSUR-678508.

    3        HDFC ERGO GENERAL INSURANCE COMPANY LIMITED,
             REP. BY ITS MANAGER, 1ST FLOOR, KVR TOWER, SOUTH
             BAZAR, KANNUR-670002 HAVING BRANCH OFFICE AT 2ND
             FLOOR, CHICAGO PLAZA, RAJAJI ROAD, NEAR KSRTC BUS
             STAND, KOCHI-682004.

             BY ADV.SC LATHA SUSAN GEORGE


    THIS      OP     (MAC)   HAVING    COME   UP   FOR   ADMISSION   ON
12.08.2021,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (MAC) NO. 78 OF 2021
                                  2




                           JUDGMENT

Dated this the 12th day of August, 2021

The petitioner is the applicant in a claim petition,

who sustained serious injuries in a motor accident and his

left leg had to be amputated. He moved to the learned

M.A.C.T, Thrissur by filing O.P.(M.V)No.280 of 2017. The

grievance of the petitioner is that, in spite of completion

of service and obtaining the report from the Medical

Board, quantifying the disablement, the matter is not

taken up due to huge pendency of cases in that Court.

The petitioner seeks an early consideration of the claim

application.

2. Having heard the learned Counsel for the

petitioner and the learned Standing Counsel for the third

respondent, Insurance Company, I am inclined to dispose

of the Original Petition itself, with a direction to take up

and dispose of OP (MV)No.280 of 2017, as expeditiously

as possible, at any rate, within a period of seven months

from the date of receipt of a copy of this judgment or OP (MAC) NO. 78 OF 2021

from the date of completion of service and pleadings,

whichever is later.

The Original Petition is disposed of, accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/12-8 OP (MAC) NO. 78 OF 2021

APPENDIX OF OP (MAC) 78/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN O.P.

(MV) NO.280 OF 2017 ON THE FILES OF LD. M.A.C.T., THRISSUR DATED 4.2.2017.

EXHIBIT P2 A TRUE COPY OF THE FINAL REPORT IN CR.NO.2009 OF 2016 OF ANTHIKKAD POLICE STATION.

EXHIBIT P3 A TRUE COPY OF DISABILITY CERTIFICATE ISSUED BY GOVT. MEDICAL COLLEGE, THRISSUR DATED 3.6.2020.

EXHIBIT P4 A TRUE COPY OF THE CASE PROCEEDINGS IN O.P.(MV) NO.280 OF 2017 ON THE FILES OF LD. M.A.C.T., THRISSUR DATED NIL.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A. TO JUDGE