Dibesh K vs Sameer Chirammal
2021 Latest Caselaw 962 Ker

            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.103 OF 2020

   (FOR EARLY DISPOSAL OF OP(MV)NO. 78/2019 OF MOTOR ACCIDENT
                  CLAIMS TRIBUNAL , THALASSERY)


PETITIONER/CLAIMANT:

             DIBESH K.
             AGED 32 YEARS
             S/O.K.C.BHASKARAN, KOTTAYIL HOUSE, POYYUR ROAD,
             MAYYIL P.O., KANNUR DISTRICT, PIN-670602.

             BY ADV. SRI.K.S.ARUNDAS

RESPONDENTS/RESPONDENTS:

      1      SAMEER CHIRAMMAL,
             (DRIVER CUM RC OWNER), S/O.SUVUTTY,
             CHIRAMMAL HOUSE, KOLACHERIPARAMBA, KOLACHERY P.O.,
             KANNUR DISTRICT, PIN-670601.

      2      THE DIVISIONAL MANAGER, (INSURER),
             UNITED INDIA INSURANCE CO.LTD., PB.NO.52, KANNUR,
             KANNUR DISTRICT, PIN-670001.

             R2 BY ADV. SRI.P.K.MANOJKUMAR

    THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.103 OF 2020
                                 2




                           JUDGMENT

The grievance of the petitioner is that

OP(MV)No.78/2019 is pending consideration. He laments

that in spite of the insurer having filed the written

statement, the case could not be taken up and tried.

2. Pursuant to a direction of this court, the

learned MACT, Thalassery to his communication dated

01.01.2021 has intimated that the total pendency of

cases in that Tribunal is 3081. IA.No.6002 of 2019 filed

by the petitioner to refer him to the medical board is

pending. The court has offered to complete the entire

matter including obtaining the medical report within three

months.

3. When the matter was taken up, the learned

counsel for the petitioner submitted that the report is

awaited from the medical board. Having considered this,

I am inclined to hold that the time limit prescribed by the

court is justifiable. Accordingly, Writ Petition is disposed OP (MAC).No.103 OF 2020

of with a direction to the learned Additional MACT,

Thalassery, to take and dispose of OP(MV)78/2019 as

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

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

judgment.

Original Petition (MAC) is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV OP (MAC).No.103 OF 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF O.P(MV)NO.78/2019 PENDING IN MACT THALASSERY.

EXHIBIT P2 A TRUE COPY OF PROCEEDINGS IN OP(MV)NO.78/2019 OBTAINED FROM THE OFFICIAL WEBSITE.

   RESPONDENT'S/S EXHIBITS        NIL