C.A.Varghese vs Sivan
2021 Latest Caselaw 8057 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                        OP (MAC).No.30 OF 2021

 AGAINST THE ORDER/JUDGMENT IN OPMV 314/2018 OF SPECIAL COURT FOR
        EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR


PETITIONER:

               C.A.VARGHESE
               AGED 68 YEARS
               S/O. ANTHONY, CHUNGATH HOUSE, KUNDUKULAM ROAD P.O.,
               MANNUTHY, MADAKKATHARA, THRISSUR-680 651

               BY ADV. SHRI.BALASUBRAMANIAM V.S

RESPONDENTS:

      1        SIVAN
               S/O. ANANDAN, MANIYALIL HOUSE, KATTATHURUTH.P.O.,
               VADAKKEKARA, ERNAKULAM-683 522

      2        M/S. NEW INDIA ASSURANCE CO LTD ,
               REP BY ITS MANAGER, SIVAM TOWERS, SOUTH NALUVAZHY,
               NORTH PARAVUR, ERNAKULAM-683 513


OTHER PRESENT:

               SC SRI.LAL K JOSEPH

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.30 OF 2021
                                2




                           JUDGMENT

Dated this the 9th day of March 2021

The petitioner herein is the applicant in OP (MV) No.

314/2018 in relation to the injury occurred to him on

20.10.2017 in a road traffic accident. He claims that he

sustained serious head injuries. Application was filed

claiming compensation which is pending since the date of

filing. According to the petitioner, he had incurred huge

expenses for his treatment and due to COVID - 19

pandemic, the family is facing financial difficulties. It is

also stated that he is in utter financial trouble because of

the loan taken from other members. He seeks an early

disposal of OP (MV) No. 314/2018.

2. After hearing the learned Counsel for the

petitioner and the learned Standing Counsel for the

Insurance Company, I feel that the limited relief can be

granted though the data relating to the pendency of

cases in that Court is not available. OP (MAC).No.30 OF 2021

3. Having regard to the entire facts, I am inclined

to dispose of the Original Petition itself with a direction to

the MACT, Thrissur to take up OP (MV) No. 314/2018

and dispose it of on merits after giving a reasonable

opportunity to both sides to contest the matter, 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

whichever is later.

The Original Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/10-3 OP (MAC).No.30 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN OP (MV) NO.34 OF 2018 ON THE FILES OF LD M.A.C.T THRISSUR DATED 20.12.2017

EXHIBIT P2 A TRUE COPY OF DISCHARGE SUMMARY ISSUED FORM JUBILEE MISSION MEDICAL COLLEGE HOSPITAL

EXHIBIT P3 A TRUE COPY OF THE CASE PROCEEDINGS IN OP(MV) NO.314 OF 2018 ON THE FILES OF HON'BLE MACT , THRISSUR DATED NIL

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE