Kerala High Court
Bipin.S.Thomas vs The Managing Partner on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
OP (MAC).No.22 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 1211/2019 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,ATTINGAL
PETITIONER:
BIPIN.S.THOMAS
AGED 23 YEARS,
S/O.SABU.T.,
JB COTTAGE,
NEAR CHILLING PLANT,
EROOR P.O.,
ANCHAL,
KOLLAM-691 312.
BY ADVS.
SRI.K.SIJU
SMT.S.REKHA KUMARI
SMT.S.SEETHA
SMT.ANJANA KANNATH
RESPONDENTS:
1 THE MANAGING PARTNER,
M/S.TRAVANCORE LOGISTICS
KALABHAM, 10/581-2,
CHATHAVILA,
THIRUVANANTHAPURAM-695 582.
2 SOORAJ.S.M.,
S/O.SUDHAKARAN,
ANAMUKHATHU THADATHARIKATHU VEEDU,
SEEMAVILA MUKKU,
VENGODE P.O.,
THIRUVANANTHAPURAM-695 589.
3 THE MANAGER,
ORIENTAL INSURANCE CO.LTD.,
RAMAKRISHNA BUILDING,
NEAR ARISTO JUNCTION,
EAST THAMPANOOR,
THIRUVANANTHAPURAM-695 001.
OP (MAC).No.22 OF 2021
2
SC,K.S SANTHI
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 15.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.22 OF 2021
3
JUDGMENT
Dated this the 15th day of February 2021
The petitioner herein is the claimant in
O.P(MV)No.1211/2019 on the files of the Motor
Accident Claim Tribunal, Attingal. He sought
compensation with respect to the personal injuries
sustained in a motor vehicle accident.
2. According to the petitioner, he was
knocked down by a Lorry and sustained very serious
injuries. He was bed ridden and is continuing as an
inpatient and outpatient treatments from the date of
accident in various hospitals. The petitioner
laments that, he had to undergo several surgeries
and had incurred huge expenses. He is expecting an
early disposal of the MACT. It is further submitted
that, respondents one and two are declared ex parte
and the case is now adjourned to 27.05.2021. Notice
is given to the Standing Counsel for the Insurance
Company, the third respondent.
OP (MAC).No.22 OF 2021
3. Having heard the learned counsel for the
petitioner and the learned Standing Counsel for the
third respondent, I feel that, there is some
substance in the grievance of the petitioner.
Though, the data regarding the number of cases
pending in that Court and also the other prior
matters which require an early disposal are also not
available, still, I am inclined to dispose of the
Original Petition with a direction that, the matter
shall be taken up and disposed of at an early date.
I am not inclined to issue notice to the other
respondents at this stage, since a direction for an
early disposal can only enure to the benefit of both
sides.
Accordingly, there will be a direction to
the Motor Accident Claims Tribunal, Attingal, to
take up OP(MV)No.1211/2019 as expeditiously as
possible and to dispose it of within a period of six
months from the date of receipt of a copy of this
judgment. It is made clear that, since the case now
stand posted on 27.05.2021 for written statement,
OP (MAC).No.22 OF 2021
the Court will be free to advance the case to a near
date, if required, with notice to the appearing
parties.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
OP (MAC).No.22 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE COPY OF TREATMENT RECORDS AND DISCHARGE
SUMMARY ISSUED FROM THE KIMS HOSPITAL,
THIRUVANANTHAPURAM DATED 27.06.2019.
EXHIBIT P2 THE COPY OF DISCHARGE SUMMARY DATED
26.02.2020 ISSUED FROM THE CHRISTIAN
MEDICAL COLLEGE, VELLORE.
EXHIBIT P3 THE COPY OF CLAIM PETITION IN OP(MV)
NO.1211/2019 ON THE FILE OF MACT, ATTINGAL.
//True Copy// P.A to Judge
