Rajeev vs Sudevan
2021 Latest Caselaw 5044 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                        OP (MAC).No.19 OF 2021

 (IN THE MATTER OF OP(MV)NO.435/2019 OF MOTOR ACCIDENTS CLAIMS
                       TRIBUNAL, ATTINGAL )


PETITIONER/APPLICANT:

             RAJEEV, AGED 33 YEARS
             S/O. RAJAN, N.R HOUSE, NEAR SAMAD HOSPITAL,
             ATTINGAL, ATTINGAL VILLAGE, ATTINGAL P.O,
             THIRUVANANTHAPURAM 695 101

             BY ADV. SRI.M.ABDUL RASHEED

RESPONDENTS/RESPONDENTS:

      1      SUDEVAN, S/O. BALAKRISHNAN,
             SURESH MANDIRAM, MYVALLI ELAH, AYILAM P.O,
             THIRUVANANTHAPURAM 695 523

      2      VIPIN, S/O. BABU,
             THENGUVILA VEEDU, LMS JUNCTION,
             ATTINGAL P.O, THIRUVANANTHAPURAM 695 101

      3      THE UNITED INDIA INSURANCE CO.LTD,
             ASH HAR COMPLEX, PALACE ROAD, ATTINGAL P.O,
             THIRUVANANTHAPURAM 695 101


    THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.19 OF 2021
                                 2




                             JUDGMENT

The petitioner is the claimant in OP(MV)No.435 of

2019 on the files of the MACT, Attingal. He sought for

compensation in relation to the death of his father,

consequent to a road accident on 06.01.2019 at Attingal.

Petitioner claims to be the only legal heir of the

deceased and depending on his father for his livelihood.

He is stated to be a chronic anemia patient, continuing

his treatment at Medical College Hospital,

Thiruvananthapuram and advised absolute bed rest. He

relies on Ext.P3 to substantiate it. His contention is that

since he is bed ridden, he is desperately in need of

compensation to be awarded in the Motor Accidents

Claims Tribunal proceedings. The only limited prayer

sought by the petitioner is for an expeditious disposal of

OP(MV)No.435 of 2019.

2. The details of the pendency of cases in MACT,

Attingal is not available. The data regarding the number OP (MAC).No.19 OF 2021

of cases that are to be given preference than this matter

which are of the year 2019 and prior is also not

available. Still, having regard to the urgency claimed by

the petitioner, which is supported by Ext.P3, I am

inclined to dispose of the OP(MAC) at the threshold,

without ordering notice to the respondents, since any

order for an early disposal will enure to the benefit of all

parties. Accordingly, OP(MAC) is disposed of, with a

direction that the learned MACT, Attingal shall take up

OP(MV) NO.435 of 2019, as expeditiously as possible, at

any rate, within a period of five months from the date of

receipt of a copy of this judgment or from the date of

completion of service on the respondents, whichever is

later.

OP(MAC) is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE

R.AV OP (MAC).No.19 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION IN O.P(M.V) NO. 435/2019 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL ATTINGAL DATED 25-3-2019

EXHIBIT P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, CHIRAYINKEEZHU TALUK

EXHIBIT P3 TRUE COPY OF THE DISCHARGE CARD ISSUED BY THE DIRECTORATE OF THE MEDICAL EDUCATION, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM SHOWING DATE OF DISCHARGE AS 30-06-2020

RESPONDENT'S/S EXHIBITS NIL