Siji C.J vs Sujith P.S
2021 Latest Caselaw 8059 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.31 OF 2021

AGAINST THE ORDER/JUDGMENT IN OPMV 2992/2019 OF SPECIAL COURT FOR
       EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR


PETITIONER:

               SIJI C.J.
               AGED 39 YEARS
               W/O.LATE ANTHONY @ ROY, CHUNGATH HOUSE, UDALAKKAVU
               P.O., ADAT, THRISSUR-680 551.

               BY ADV. SMT.RENJINI.R

RESPONDENTS:

      1        SUJITH P.S.
               S/O.SUDHAKARAN, PUZHAKKAL HOUSE, P.O.CHITTILIPPILLY,
               THRISSUR-680 551.

      2        JAGAN.A.M.
               S/O.MADHAVAN. ARUL DS, CBE, COIMBATORE NORTH,
               TAMILNADU-641 031.

      3        THE NEW INDIA ASSURANCE CO.LTD.,
               REPRESENTED BY ITS MANAGER, DIVISIONAL OFFICE,
               KOLLANNUR BUILDING, PB NO.513, PALACE ROAD, THRISSUR-
               680 020.

      4        MINOR ALWIN.C.A.,
               AGED 17 YEARS
               S/O.LATE ANTONY @ ROY, CHUNGATH HOUSE, UDALAKKAVU
               P.O., ADAT, THRISSUR-680 51, REPRESENTED BY HIS NEXT
               FRIEND AND GUARDIAN SMT.SIJI.C.J.

      5        MINOR ANEETTA.C.A.,
               AGED 14 YEARS
               D/O.LATE ANTONY @ ROY, CHUNGATH HOUSE, UDALAKKAVU
               P.O., ADAT, THRISSUR-680 51, REPRESENTED BY HIS NEXT
               FRIEND AND GUARDIAN SMT.SIJI.C.J.

      6        ROSSY,
               AGED 81 YEARS
               C/O.LATE ANTHONY @ ROY, CHUNGATH HOUSE, UDALAKKAVU
               P.O., ADAT, THRISSUR-680 551.
 OP (MAC).No.31 OF 2021
                               2



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.31 OF 2021
                                  3




                             JUDGMENT

Dated this the 9th day of March 2021

The petitioner herein is the applicant in OP (MV)

No.2992 of 2019 pending before the MACT, Thrissur.

Petitioner's husband, Anthony died in a motor accident

on 10.10.2019. According to the petitioner, though she

had filed MACT application in 2019, it is still pending

consideration. The family is burdened with huge liability

because the family has no other source of income.

Hence, she prays for a direction to the MACT, to dispose

of the matter at the earliest.

2. After hearing the learned Counsel for the

petitioner and the learned Counsel for the third

respondent 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.

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. 2992 of 2019 OP (MAC).No.31 OF 2021

and dispose it of on merits, as expeditiously as possible,

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

of receipt of a copy of this judgment .

The Original Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/10-3 OP (MAC).No.31 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN OP (MV0 NO.2992 OF 2019 ON THE FILES OF LD.MACT, THRISSUR DATED 04.12.2019.

EXHIBIT P2 A TRUE COPY OF THE FINA REPORT IN CR.NO.712 OF 2019 OF PERAMANGALAM POLICE STATION.

EXHIBIT P3 A TRUE COPY OF LOAN ISSUED CERTIFICATE ISSUED BY ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.R-689, PURANATTUKARA, THRISSUR-680 551 DATED 10.02.2021.

EXHIBIT P4 A TRUE COPY OF THE CASE PROCEEDINGS IN OP (MV0 NO.2992 OF 2019 ON THE FILES OF HON'BLE MACT, THRISSUR DATED NIL.

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE