Kalyani Mani vs Unknown
2021 Latest Caselaw 6039 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      OP (MAC).No.24 OF 2021

  (SEEKING FOR AN EARLY DISPOSAL FOR THE CLAIM APPLICATION VIDE
    O.P.(MV)NO.2669 OF 2019 PENDING BEFORE THE HON'BLE MOTOR
              ACCIDENTS CLAIMS TRIBUNAL,THRISSUR)


PETITIONERS/APPLICANT NO.5 IN THE ORIGINAL CLAIM APPLICATION:

             KALYANI MANI,
             AGED 62 YEARS
             W/O. MANI E.R., EDAKKUNIKOODARAM HOUSE,
             OLLUR P.O., TRIKKUR, KONIKKARA, THRISSUR-680 306.

             BY ADV. SHRI.RAPHAEL THEKKAN

RESPONDENTS/RESPONDENTS 1 TO 2 & APPLICANTS 1 TO 4 IN THE
ORIGINAL O.P:

      1      SINDHU P.P., W/O. PRABHAKARAN,
             POTTAKKARAN HOUSE, CHEMBUCHIRA P.O., MATTATHUR,
             KODAKARA, THRISSUR-680 684.

      2      THE UNITED INDIA INSURANCE CO. LTD.
             DIVISIONAL OFFICE, PARK HOUSE, ROUND NORTH,
             THRISSUR-680 001 REPRESENTED BY ITS MANAGER.

      3      RENYA PRASAD, AGED 28 YEARS
             W/O. LATE PRASAD,
             EDAKKUNI KOODARAM HOUSE, OLLUR P.O., TRIKKUR,
             KONIKKARA, THRISSUR-680 306.

      4      MINOR AISWARYA E.P.
             D/O. LATE PRASAD,
             EDAKKUNI KOODARAM HOUSE, OLLUR P.O., TRIKKUR,
             KONIKKARA, THRISSUR-680 306.
             (REPRESENTED BY LEGAL GUARDIAN AND NEXT FRIEND,
             RENYA PRASAD).

      5      MINOR ANUSREE E.P., AGED 9 YEARS
             D/O. LATE PRASAD,
             EDAKKUNI KOODARAM HOUSE, OLLUR P.O., TRIKKUR,
             KONIKKARA, THRISSUR-680 306.
             (REPRESENTED BY LEGAL GUARDIAN AND NEXT FRIEND,
             RENYA PRASAD).
 OP (MAC).No.24 OF 2021        2


      6     MINOR ANUPAMA E.P.
            AGED 6 YEARS
            D/O. LATE PRASAD, EDAKKUNI KOODARAM HOUSE, OLLUR
            P.O., TRIKKUR, KONIKKARA, THRISSUR-680 306.
            (REPRESENTED BY LEGAL GUARDIAN AND NEXT FRIEND,
            RENYA PRASAD).




            SC, SRI.P.K MANOJ KUMAR

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 19.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.24 OF 2021               3




                          JUDGMENT

The petitioner herein is the applicant in

OP(MV)No.2669/2019 of MACT, Thrissur. The son of the

petitioner met with an road accident and succumbed to

injuries. He was survived by the petitioner, his wife and

three daughters. It is claimed that the petitioner and

the entire family were depending on him. After the

death, members of his family are now find it extremely

difficult to maintain themselves. They are also in

financial difficulties. To support their claim, the

petitioner has relied on Ext.P4, which is a certificate

issued by the Co-operative Bank which indicates that

the family of the petitioner have taken loan

of Rs.6,65,644/- (Rupees six lakhs sixty five thousand

six hundred and forty four only), which is liable to be

paid. It is stated that the OP(MV)2669 of 2019 was filed

in the year 2019 and even now no relief has been

granted to them. The only prayer sought by the

petitioner is for a direction to the MACT, Thrissur to take

up and dispose of the matter, as expeditiously as

possible.

2. Heard the learned counsel for the petitioner

and the learned counsel for the second respondent -

Insurance Company.

3. Having considered the limited prayer sought

by the petitioner, I am inclined to grant a direction for

an expeditious disposal. However, the data regarding

the pendency of cases and the number of cases which

require early disposal before Tribunal are not available.

Still, I am inclined to dispose of OP(MAC) with a

direction that the MACT, Thrissur shall take up

OP(MV)No.2669/2019 and dispose it of on merits, as

expeditiously as possible, at any rate, within a period of

six months from the date of receipt of a copy of this

judgment or from the date of completion of service of

notice, which ever is later.

OP(MAC) is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN O.P.(M.V.) NO.2669 OF 2019 ON THE FILES OF LD.M.A.C.T, THRISSUR DATED 11.11.2019

EXHIBIT P2 A TRUE COPY OF THE FIR IN CR.NO.1108 OF 2019 OF OLLUR POLICE STATION DATED 31.7.19.

EXHIBIT P3 A TRUE COPY OF THE CASE PROCEEDINGS IN O.P.(M.V) NO.2669 OF 2019 ON THE FILES OF HON'BLE M.A.C.T, THRISSUR DATED NIL.

EXHIBIT P4 A TRUE COPY OF CERTIFICATE ISSUED FROM MOOSPET SERVICE CO-OPERATIVE BANK LTD. DATED 31.12.2020.

   RESPONDENT'S/S EXHIBITS           NIL