Rahim Kutty vs The Divisional Manager, New India ...
2021 Latest Caselaw 15639 Ker

MACA No.1616/2010                             1/3

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                          THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                    Tuesday, the 27th day of July 2021 / 5th Sravana, 1943
                                     MACA NO. 1616 OF 2010

              OP(MV) 851/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOLLAM.




   APPELLANT/1ST RESPONDENT

           RAHIM KUTTY,KEELEMPATHUVILA (KADUMBATTUVILA
           VEEDU),MUTTACKAVU,NEDUMPANA,KOLLAM.

           BY ADVOCATE SRI.PRATHEESH.P.

   RESPONDENTS/RESPONDENTS

      1. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD.,KOLLAM-691 001
      2. RAMACHANDRAN PILLAI,AGED 52 YEARS, S/O.PARAMESWARAN PILLAI,SHINI
         HOUSE, MUTTACKAVU,NEDUMPANA.
      3. *ADDL. R3 THE MANAGER, M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL
         OFFICE, PARAMESWARAN PILLAI BHAVAN, KOLLAM - 691 001.

           ADDITIONAL R3 IMPLEADED VIDE ORDER DATED 01/02/2019        inIA NO. 1 OF
    2018

      IN MACA NO.1616/2010.

    R1 BY ADVOCATE SRI. M.JACOB MURICKAN.

    R2 BY ADVOCATE SRI. K.SIJU KAMALASANAN

    R3 BY ADVOCATE SRI. N.S.NAJEEB.

        This MACA having come up for orders on 27/07/2021 UPON perusing this
   courts judgment dated 08/03/.2021 and letter dated 24/06/2021 received
   from MACT,KOLLAM , the Court on the same day passed the following:




                                                              p.t.o
 MACA No.1616/2010                             2/3




                                      MARY JOSEPH, J.
                             ======================
                                 M.A.C.A.No.1616 of 2010
                            =======================
                            Dated this the 27th day of July, 2021


                                             ORDER

This Court vide judgment dated 08.03.2021 in

M.A.C.A.No.1616 of 2010 directed Motor Accidents Claims

Tribunal, Kollam to dispose of the Original Petition remanded

thereto for reconsideration and disposal within a period of two

months from the date of receipt of a certified copy of the

judgment. Now by letter dated 24.06.2021 it was informed

that the Officer has taken charge only on 07.06.2021 and the

Tribunal was closed till 17.06.2021 since lock down was

declared due to Covid-19 pandemic. Thereafter, the OP was

posted to 07.05.2021 and further to 03.06.2021 for

appearance of parties. On 03.06.2021 it was adjourned by

notification and posted again to 15.06.2021 due to extension of

the lock down period. On 15.06.2021 it was adjourned by

notification to 24.06.2021 for the same reason. In that

process, the time period allowed by this Court vide judgment

got expired and the OP could not be disposed of as directed

and therefore, enlargement of time is sought. This Court is MACA No.1616/2010 3/3

convinced of the reasons stated as above and is inclined to grant

four months' time from this day for disposal of the Original

Petition.

The Registry shall communicate this to the Motor Accidents

Claims Tribunal, Kollam forthwith.

Sd/-

MARY JOSEPH JUDGE MJL

27-07-2021 /True Copy/ Assistant Registrar