Kerala High Court
Kumaran N.K vs Unknown on 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
OP (MAC).No.12 OF 2021
[OP(MV)NO.1804/2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,
THRISSUR]
PETITIONER/APPLICANT 1 IN THE CLAIM APPLICATION:
KUMARAN N.K
AGED 60 YEARS
S/O. KUNJUMON N,
NEELAMKADAVIL HOUSE, KANNIPPAYYUR P.O,
THRISSUR 680 517
BY ADV. SHRI.GYOTHISH CHANDRAN
RESPONDENTS/RESPONDENTS 1 TO 3 AND APPLICANTS 2 TO 4 IN THE
ORIGINAL CLAIM APPLICATION:
1 RAVI R, AGE NOT KNOWN,
S/O. RATHINAM, ANNALURKULANTHAN KULA STREET,
PATTUKOTTAI T.K, THANJAVUR,
TAMIL NADU, PIN 614 601
2 KISHORE NANDAVARAMAN M,
AGE NOT KNOWN,
S/O. MAINOR, 3/38A, NEW MARKET STREET,
RAVUTHANPATTI, ARIYALUR T K,
ARIYALUR DISTRICT, TAMIL NADU 621 704
3 M/S. NATIONAL INSURANCE CO.LTD,
MUTHUPET, TAMIL NADU, PIN 614 704
HAVING IT BRANCH OFFICE AT KOLLANUR DEVASSY SMARK
BUILDING, ROUND EAST , THRISSUR 680 001.
REPRESENTED BY ITS MANAGER.
4 VIDHAI N.K, AGED 29 YEARS
S/O. KUMARAN N.K, NEELMAKADAVIL HOUSE,
KANNIPPAYYUR P.O, THRISSUR 680 517
5 VISHNU N. KUMAR,
AGED 22 YEARS
S/O. KUMARAN N.K, RESIDING AT DO DO
OP (MAC).No.12 OF 2021
2
6 MINOR VINAYA N KUMAR,
AGED 16 YEARS
D/O. KUMARAN N.K, RESIDING AT DO DO
REPRESENTED BY HER FATHER AND NEXT FRIEND
KUMARAN N.K DO
R3 SC SRI.LAL K.GEORGE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 27.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.12 OF 2021
3
JUDGMENT
The petitioner is the claimant in
OP(MV)No.1804/2018 of MACT, Thrissur. It relates to a
claim for compensation consequent to a road accident
that occurred on 21.11.2017, in which the wife of the
petitioner succumbed to injuries. The grievance of the
petitioner herein is that, he is a senior citizen and on
account of untimely death of his wife, the entire family
had gone into a debit struck mode. The other legal heirs
of the deceased are continuing their education, with no
regular source of income. He seeks an early disposal of
OP(MV)No.1804/2018.
2. Sri.Lal George took notice for the third
respondent. Heard both sides.
3. Having considered the limited prayer sought by
the petitioner herein, I am inclined to dispose of the
OP(MAC) itself, without issuing notice to the other
respondents, since any direction for an early disposal can
OP (MAC).No.12 OF 2021
only enure to the benefit of all the parties concerned.
Accordingly, OP(MAC) is disposed of with a direction that
MACT, Thrissur shall take up OP(MV)NO.1804/2018 as
expeditiously as possible and dispose it of within a period
of four months from the date of completion of the service
and filing of pleadings. If both are already completed,
the matter shall be disposed of within four months
commencing from the date of receipt of a copy of this
judgment.
O.P.(MAC) is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
OP (MAC).No.12 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CLAIM APPLIATION IN
O.P(MV) NO. 1804 OF 2018 ON THE FILES
OF THE HON'BLE MOTOR ACCIDENT CLAIMs
TRIBUNAL, THRISSUR DATED 07-09-2018
EXHIBIT P2 A TRUE TRANSLATION OF THE FINAL
REPORT IN CR. NO. 238 OF 17 OF
MALAYAMPALAYAM POLICE STATION
EXHIBIT P3 A TRUE COPY OF THE CASE PROCEEDINGS
IN O.P(MV) NO. 1804 OF 2018 ON THE
FILES OF HON'BLE M.A.C.T, THRISSUR AS
DATED NIL.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF
BALANCE OUTSTANDING IN HOUSING LOAN
ACCOUNTS OF SMT. VALSALA E.T ISSUED
FROM CANARA BANK, KUNNAMKULAM
BRANCH DATED 23-01-2020
EXHIBIT P5 A TRUE COPY OF CERTIFICATE OF
OUTSTANDING LIABILITY IN THE NAME OF
VALSALA E.T ISSUED FROM
KANNIPPAYOOR SERVICE CO-OPERATIVE
BANK LTD NO. 280 DATED 17-01-2020
RESPONDENT'S/S EXHIBITS NIL
