Aavya P.Poly vs Amal @ Amelvin P Pookkoden
2021 Latest Caselaw 13116 Ker

                  OP (MAC) NO. 46 OF 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943

                      OP (MAC) NO. 46 OF 2021

    (SEEKING EARLY DISPOSAL OF THE CLAIM APPLICATION VIDE O.P.
  (MV)NO.40 OF 2018 PENDING BEFORE THE HON'BLE MACT, THRISSUR)

PETITIONERS/APPLICANT IN ORIGINAL CLAIM APPLICATION:

          AAVYA P.POLY, AGED 19 YEARS
          D/O.POLY, PANANCHERY HOUSE, ANCHERY P.O., KURIACHIRA,
          THRISSUR - 680006.

          BY ADV S.JAYAKUMAR

RESPONDENTS/RRESPONDENTS IN THE ORIGINAL O.P:

          1. AMAL @ AMELVIN P.POOKKODEN, AGE NOT KNOWN,
          S/O.PAULSON, POOKKODAN HOUSE, ANCHERY, MARIYAPURAM,
          OLLUR, THRISSUR-68006.

          2. THE UNITED INDIA INSURANCE CO.LTD., TRICHUR TRADE
          CENTRE, KURUPPAM ROAD, THRISSUR-68001 REP BY ITS
          MANAGER.

          3.SOBY, AGE NOT KNOWN, S/O.DAVIS, KUTTIKATT HOUSE,
          PAZHUVIL PO.O., THRISSUR-680564.

          4. K.P.SANTHOSH, AGE NOT KNOWN, S/O.PRABHAKARAN,
          KARATTUPARAMBIL HOUSE, KURMPILAVU P.O., THRISSUR.

          5. THE NATIONAL INSURANCE CO. LTD., KOLLANNUR DEVASSY
          SMARAKJ BUILDINGS ROUDN EAST, THRISSUR-680001
          REP BY ITS MANAGER




          SC,SRI.P.K MANOJ KUMAR, SC,SRI.LAL GEORGE

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 23.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC) NO. 46 OF 2021           2



                        JUDGMENT

The petitioner herein sustained injuries in a motor

accident on 07.11.2017. She preferred OP(MV)No.40 of 2018

which is now pending before the MACT, Thrissur. The

grievance of the petitioner is that she sustained serious

injuries and had to undergo multiple surgeries. Huge amount

has been spent by her, to meet the medical expenses. She

being a student is unable to raise the funds and seek an early

disposal of the OP(MV)No.40 of 2018, which is pending before

the MACT, Thrissur.

2. Heard Adv.P.K.Manoj Kumar, learned standing

counsel for the second respondent -Insurance Company as

well as Adv.Lal George, standing counsel for the fifth

respondent. After hearing both sides, I feel that there is

justification in the claim made by the petitioner. Hence, I am

inclined to dispose of OP(MAC) with a direction to the MACT,

Thrissur to take up and dispose of OP(MV)No.40 of 2018

pending before the MACT, Thrissur, as expeditiously as

possible, at any rate, within a period of six months from the

date of receipt of a copy of this judgment or from the date of

completion of service which ever is later. The MACT, Thrissur

shall also ensure that before trial the pleadings are made

complete.

OP(MAC) is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

PETITIONER'S/S EXHIBITS:

EXT.P1: A TRUE COPY OF CLAIM APPLICATION IN OP(MV)NO.40 0F

2018 ON THE FILES OF LD.MACT, THRISSUR DATED 04.01.2018.

EXT.P2: THE DISCHARGE SUMMARY ISSUED FROM ELITE MISSION

HOSPITAL DATED NIL.

EXT.P3: A TRUE COPY OF CERTIFICATE ISSUED FROM THE ELITE

MISSION HOSPITAL DATED 26.10.2018 ALONG WITH PHOTOGRAPHS.

EXT.P4: A TRUE COPY OF THE CASE PROCEEDINGS IN OP(MV)NO.40

OF 2018 ON THE FILES OF HON'BLE MACT, THRISSUR DATED NIL.

RESPONDENT'S/S EXHIBITS    NIL.