Kerala High Court
Mini vs Nil on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
OP (MAC).No.4 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 348/2017 OF SPECIAL COURT FOR
EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR
PETITIONER / APPLICANT 1 IN THE CLAIM APPLICATION:
MINI
AGED 30 YEARS
D/O.MANI, KIZHAKKEPURAKKAL HOUSE, ASSARIKKAD P.O.,
THRISSUR 680 751
BY ADV. SHRI.RAPHAEL THEKKAN
RESPONDENTS / RESPONDENTS 1 TO 2 AND APPLICANT NO.2 IN THE
ORIGINAL CLAIM APPLICATION:
1 SIDHIK
AGE NOT KNOWN, S/O.KUNJI MOHAMMED, THURUTHUMALI
HOUSE, ALLAPPARA P.O., VENGOLA, PERUMBAVOOR 683 554
2 MS/.NATIONAL INSURANCE CO.LTD.
REP.BY ITS MANAGER, KOLLANUR DEVSASSYSMARK BUILDING,
ROUND EAST, THRISSUR 680 001
3 PUSHPA K.S.
AGED 62 YEARS
W/O.KRISHNAN, KORAKKUZHI HOUSE, MULLURKKARA P.O.,
TALAPPILLY THALUK, THRISSUR 680 583
OTHER PRESENT:
SRI.LAL GEORGE ,SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.4 OF 2021
2
JUDGMENT
Dated this the 11th day of January 2021
The petitioner herein is the claimant in O.P. (MV)
No.348/2017 on the files of M.A.C.T. Thrissur. The
claimant's husband sustained an injury in a motor accident
and he succumbed to it. Ext.P1 claim petition was filed as
above on 10.02.2017 and is pending.
2. According to the petitioner herein, she is faced
with various problems. She has lost her house in the flood.
She is living at the mercy of the State Government in
Disaster Help Centre (shelter home). She seeks an early
disposal of Ext.P1 OP (MV).
3. Mr. Lal George, took notice for the second
respondent. After having heard both sides, I feel that the
Original Petition itself can be disposed of, with a direction
to the Court below for an early disposal of the matter, in
the interest of justice. The details regarding the
pendency of case and whether service is completed on the
private parties and whether the pleadings are complete are
OP (MAC).No.4 OF 2021
not available.
4. Having considered this, I am inclined to dispose
of the Original Petition itself, with a direction to the Court
below to complete the service and complete the pleadings
as expeditiously as possible, at any rate, within a period of
two months from today. If the pleadings and service are
complete, the Court shall take up the matter for trial and
dispose it of as expeditiously as possible, at any rate,
within a period of three months from the date of
completion of pleadings or from the date of receipt of a
copy of this judgment which ever is later.
The writ petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE
SKP/11-1
OP (MAC).No.4 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CLAIM APPLICATION IN
O.P.(M.V.) NO.348 OF 2017 ON THE FILES OF
THE HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL,
THRISSUR DATED 10.02.2017
EXHIBIT P2 A TRUE COPY OF THE FINAL REPORT IN CR.2818
OF 2016 OF THRISSUR POLICE STATION DATED
30.01.2017
EXHIBIT P3 A TRUE COPY OF THE CASE PROCEEDINGS IN O.P.
(M.V.) NO.348 OF 2018 ON THE FILES OF THE
HON'BLE M.A.C.T, THRISSUR AS DATED NIL
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER, MULAYAM DATED
06.01.2020
RESPONDENTS'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
