Kerala High Court
Jishnu vs Jancy Francis on 20 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
OP (MAC) NO.37 OF 2021
AGAINST THE ORDER/JUDGEMENT IN OPMV 842/2019 OF SPECIAL
COURT FOR EC ACT CASES & MOTOR ACCIDENT CLAIMS TRIBUNAL,
Thrissur
PETITIONER/APPLICANT IN THE ORIGINAL CLAIM APPLICATION:
JISHNU, AGED 24,
S/O. CAHDRAN, KATTUNGAL HOUSE,
THANIKKUDAM P. O.,
KUTTUMUKKU,
THRISSUR, PIN - 680 631.
BY ADV. SRI. JAYAKUMAR.S
RESPONDENTS/RESPONDENTS 1 TO 3 IN THE ORIGINAL O.P:
1 JANCY FRANCIS
AGE NOT KNWON, W/O. K.C.FRANCIS,
KADAVIL HOUSE, KUTTUMUKKU,
THRISSUR, PIN - 680 631.
2 MANURAJ C. R.,
AGE NOT KNOWN, S/O. RAJAN C.U.,
CHENNANKUZHY HOUSE,
MANALITHARA P. O.,
THRISSUR,
PIN - 680 589.
3 THE UNITED INDIA INSURANCE CO.LTD.,
REPRESENTED BY ITS MANAGER,
DIVISIONAL OFFICE,
PARK HOUSE, ROUND NORTH,
THRISSUR - 680 001.
R3 - SRI. P.K MANOJ KUMAR, SC
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(M.A.C) No.37 of 2021
2
JUDGMENT
The petitioner, who is the claimant in O.P.(MV) No.842 of
2019 on the file of the Motor Accidents Claims Tribunal, Thrissur,
a claim petition filed under Section 166 of the Motor Vehicles Act
claiming compensation on account of the injuries sustained to
him in a motor accident, which occurred on 18.01.2019. The
petitioner has filed this original petition, under Article 227 of the
Constitution of India seeking time bound consideration of the
said original petition, a copy of which is placed on record as
Ext.P1.
2. On 07.04.2021, when this original petition came up
for admission, Registry was directed to call for a report from the
Motor Accidents Claims Tribunal, Thrissur as to the present stage
of O.P.(MV) No.842 of 2019 and also the appropriate limit within
which the claim petition can be taken up and disposed of.
3. Pursuant to the said order, the Tribunal has forwarded
a report dated 07.05.2021, addressed to Registrar (Judicial),
wherein it is stated that the total pendency of cases before the
Tribunal as on 31.03.2021 is 9090, out of which 1000 cases are
more than 5 year old. In the said report, it is stated that in case
O.P.(M.A.C) No.37 of 2021
of urgency, O.P.(MV) No.842 of 2019 can be advanced and
disposed of within six months.
4. Heard the learned counsel for the petitioner and also
the learned Standing Counsel for the 3rd respondent Insurer.
Considering the nature of relief proposed to be granted, service
of notice on respondents 1 and 2 is dispensed with.
5. In this original petition the petitioner is seeking early
disposal of O.P.(MV) No.842 of 2019 pending before the Motor
Accidents Claims Tribunal, Thrissur. In the accident, which
occurred on 18.01.2019, the petitioner sustained injuries.
Relying on Ext.P3 disability certificate dated 15.07.2020 issued
by the Disability Assessment Board at Government Medical
College Hospital, Thrissur, the learned counsel for the petitioner
would point out that the injuries sustained in the accident had
resulted in permanent disability and in such circumstances, a
time bound disposal of the claim petition is highly essential.
6. Having considered the submissions made by the
learned counsel for the petitioner and the learned Standing
Counsel for the 3rd respondent Insurer and also the report of the
Tribunal, this Original Petition is disposed of by directing the
O.P.(M.A.C) No.37 of 2021
Motor Accidents Claims Tribunal, Thrissur to finally dispose of
O.P.(MV) No.842 of 2019, as expeditiously as possible, at any
rate, within a period of six months from the date on which
pleadings are complete in that claim petition.
7. In case the respondents are yet to file written
statement in the claim petition, the same shall be filed, within a
period of two months.
The petitioner shall communicate a copy of this judgment
to respondents 1 and 2 or their counsel before the Tribunal and
a memo to that effect shall be produced before the Tribunal
along with a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN
JUDGE
SPR
O.P.(M.A.C) No.37 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN
OP(MV) NO.842 OF 2019 ON THE FILES OF
LD. MACT, THRISSUR DATED 08.04.2019.
EXHIBIT P2 A TRUE COPY OF THE FIR IN CR.NO.91 OF
2019 OF VIYYUR POLICE STATION.
EXHIBIT P3 A TRUE COPY OF DISABILITY CERTIFICATE
OF THE PETITIONER DATED 15.07.2020.
EXHIBIT P4 A TRUE COPY OF THE CASE PROCEEDINGS IN
OP (MV) NO.842 OF 2019 ON THE FILES OF
HON'BLE MACT, THRISSUR DATED NIL.
RESPONDENT'S/S EXHIBITS: NIL.
