Ummer Pathiri vs Jantis N. Jose
2021 Latest Caselaw 7446 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                        OP (MAC).No.27 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OPMV 1013/2018 OF MOTOR ACCIDENT
                    CLAIMS TRIBUNAL , MANJERI


PETITIONER:

               UMMER PATHIRI
               S/O. KUNHALAN, KAKKODI HOUSE, ERNAD TALUK,
               ARAVANKARA, POOKKOTTUR, MALAPPURAM DISTRICT, AS THE
               PETITIONER IS UNCONSCIOUS, HE IS REPRESENTED BY HIS
               LEGALLY WEDDED WIFE SAJITH, AGED 42 YEARS, KAKKODI
               HOUSE,ERNAD TALUK, ARAVANKARA, POOKKOTTUR,
               MALAPPURAM DISTRICT

               BY ADV. SRI.K.RAKESH

RESPONDENTS:

      1        JANTIS N. JOSE, S/O. JOSE,
               NELLITHANATH HOUSE, THETTAMAL, VELLMUNDA .O.,
               MANANTHAVADI, WAYNAD DISTRICT,PIN-670 731

      2        ASHIK, S/O.JABBAR, KATTUMPURAMVELI,
               VANDANAM P.O., PUNNAPRA,
               ALAPPUZHA DISTRICT,PIN-688 005

      3        RESHMI AJAGOPALAN NAIR (GESTIN)
               PUTHUSSERIL THEKKETHIL HOUSE, KAITH SOUTH,
               MAVELIKKARA, CHETTIKULANGARA, ALAPPUZHA DISTRICT,PIN-
               690 106

      4        ORIENTAL INSURANCE COMPANY LIMITED,
               BRANCH OFFICE, RAJESWARI COMPLEX, PERUNNAI,
               CHANGANCHERI, KOTTAYAM DISTRICT,PIN-686 102,
               REPRESENTED BY BRANCH MANAGER


OTHER PRESENT:

               SC SMT.K.S SANTHI

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(MAC).No.27/2021
                                     2




                               JUDGMENT

Petitioner herein is the applicant in O.P(M.V).No.1013 of 2018 of

Motor Accident Claims Tribunal, Manjeri. The claim arose out of

injuries sustained in a road transport accident, in which, petitioner was

hit by a car. He allegedly sustained grievous injuries and was

bedridden. On behalf of him, his wife has filed an application

representing him. Grievance of the petitioner is that, though Original

Petition was filed in 2018, matter has not been disposed of inspite of

considerable delay. According to the learned counsel, disability

certificate of the petitioner from the Medical Board has also to be

obtained. Hence, the limited prayer sought in the Writ Petition is for a

direction to the court below for an expeditious disposal of the above

O.P(M.V).No. 1013 of 2018, after obtaining the disability certificate of

the petitioner from the Medical Board.

2. Having considered the grievance set up by the petitioner, I

am inclined to dispose of the Original Petition, after hearing the learned

Standing Counsel for the Insurance Company, by directing the MACT,

Manjeri to take up O.P(M.V).No. 1013 of 2018 as expeditiously as

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

receipt of a copy of this judgment. It was submitted by the learned O.P(MAC).No.27/2021

counsel for the petitioner that, service is completed on the respondents.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 O.P(MAC).No.27/2021





                          APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1            TRUE COPY OF THE PETITION FILED BY THE

PETITIONER AS OP(MV) NO.1013/2018 BEFORE THE M.A.C.T., MANJERI DATED 27.10.2018