Kerala High Court
Shemeena vs S on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
OP (MAC).No.23 OF 2021
(SEEKING FOR AN EARLY DISPOSAL FOR CLAIM APPLICATION VIDE O.P(M.V)
2085/2018 PENDING BEFORE THE LD.M.A.C.T, THRISSUR)
PETITIONERS/APPLICANT NO.2 IN THE ORIGINAL CLAIM APPLICATION:
SHEMEENA
AGED 40 YEARS
W/O. SHOWKKATHALI,
VAIPPINKATTIL HOUSE,
VELLANGGALLUR,
VADAKKUMKARA,
THRISSUR - 680662.
BY ADV. SHRI.RAPHAEL THEKKAN
RESPONDENTS/RESPONDENTS 1 TO 6 & APPLICANTS 1,3 & 4 IN THE
ORIGINAL CLAIM APPLICATION:
1 RINU
S/O. KOCHU, 10/192, CHERUVATHOOR HOUSE,
PAZHANJI P. O., KUNNAMKULAM, ESTER BAZAR,
THRISSUR - 680542.
2 SHIBIN
S/O. YOOSAF, KATTUPARAMBIL HOUSE,
MATHILAKAM P. O., THRISSUR - 680542.
3 THE NATIONAL INSURANCE CO. LTD.
REP. BY ITS MANAGER, DIVISIONAL OFFICE,
KOLLANNUR DEVASSY SMARAK BUILDINGS,
ROUND EAST, THRISSUR - 680001.
4 ANTONY SUNNY
S/O. SUNNY, VELLARA TRANSPORT CORPORATION,
NO.98/5, MAIN ROAD, PULIYUR CF,
KARUR P.O., TAMIL NADU - 639114.
5 ABHESH A.
S/O. ASOKAN R., DAHILA,
VADAKOTTUKAVU, NEDUMPARAMBU P.O.,
ALAMCODU,
THIRUVANANTHAPURAM - 695102.
OP (MAC).No.23 OF 2021
2
6 THE NEW INDIA ASSURANCE CO. LTD.
E-9, CANNAUGHT PLACE,
NEW DELHI - 110001,
REP. BY ITS MANAGER.
7 SHOWKKATHALI
AGED 55 YEARS
S/O. SAIDU,
VAIPPINKATTIL HOUSE,
VELLANGGALLUR, VADAKKUMKARA,
THRISSUR - 680662.
8 RISWANA V. S.
AGED 20 YEARS
D/O. SHOWKKATHALI,
VAIPPINKATTIL HOUSE,
VELLANGGALLUR,
VADAKKUMKARA,
THRISSUR - 680662.
9 MINOR HAFEELA V. S.
AGED 14 YEARS
D/O. SHOWKKATHALI,
VAIPPINKATTIL HOUSE,
VELLANGGALLUR,
VADAKKUMKARA,
THRISSUR - 680662,
REP. BY ITS NEXT FRIEND SHOWKKATHALI.
SC,SRI.LAL GEORGE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 23.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.23 OF 2021
3
JUDGMENT
Dated this the 23rd day of February 2021
The petitioner herein is the applicant in Claim
Petition in O.P.(M.V)No.2085/2018 pending before the
M.A.C.T, Thrissur. The petitioner's son met with an
accident on 16.05.2018 and succumbed to the serious
injuries sustained by him. The O.P (M.V)was filed by
the parents and two sisters seeking compensation for
the injuries and the death.
2. The grievance of the petitioner is that,
they are in utter financial difficulties and in the
absence of any other substantial income, the petitioner
and other claimants need an early disposal of the
application.
3. The notice was served on the Standing
Counsel for the insurance company. Having heard the
learned counsel representing the Insurance Company as
well as the learned counsel for the petitioner, I feel
that, considering the limited prayer sought by the
petitioner, notice need not be issued to the contesting
OP (MAC).No.23 OF 2021
parties, even though, the data regarding the pendency
of cases before the M.A.C.T, Thrissur is not available.
However, considering the fact that, the
petition was filed in 2018, I am inclined to dispose of
the O.P(M.A.C)with a direction that, the M.A.C.T,
Thrissur shall take up O.P(M.V) 2085/2018, as
expeditiously as possible and dispose it of on merits,
within a period of six months from the date of
production of a copy of this judgment or from the date
of completion of service, if the service is already not
completed. It is made clear that, if the service is not
completed, the Tribunal shall take every endeavor to
ensure that, the service is completed at the earliest.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
OP (MAC).No.23 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN O.P.
(MV) NO.2085 OF 2018 ON THE FILES OF
M.A.C.T. THRISSUR DATED 12.10.2018.
EXHIBIT P2 A TRUE COPY OF THE FIR IN CR.NO.315 OF 2018
OF PUDUKKADU POLICE STATION.
EXHIBIT P3 A TRUE COPY OF THE CASE PROCEEDINGS IN O.P.
(MV) NO.2085 OF 2018 ON THE FILES OF LD.
M.A.C.T. THRISSUR DATED NIL.
EXHIBIT P4 A TRUE COPY OF ACCOUNT STATEMENT ISSUED TO
THE PETITIONER FROM VELLANGALLOOR SERVICE
CO-OPERATIVE BANK LTD. DATED NIL.
//True Copy// P.A to Judge
