Kerala High Court
Latha Krishnan vs Anilkumar N.S 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. 36 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 439/2019 OF SPECIAL
COURT FOR EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL,
Thrissur
PETITIONER/APPLICANTS IN THE ORIGINAL CLAIM APPLICATION:
LATHA KRISHNAN, 42 YEARS,
W/O. DECEASED KRISHNAN,
AYINIVALAPPIL HOUSE, (KAILASAM),
KUTTUMUKKU P. O, RAMAVARMAPURAM,
THRISSUR - 680 631.
BY ADV. SRI. JAYAKUMAR.S
RESPONDENTS/RESPONDENTS 1 TO 3 IN THE ORIGINAL O.P:
1 ANILKUMAR N. S.
S/O. SANKARAN, NADUVIL PURAKKAL HOUSE,
P.O. KUTTUR, KOTTEKKAD,
THRISSUR,
PIN - 680 013.
2 ANLIN BABY EMMATTY,
S/O. BABY E.L, EMMATTY HOUSE,
P.O. KUTTUR,
KOTTEKKAD, THRISSUR,
PIN - 680 013.
3 THE UNITED INDIA INSURANCE CO. LTD,
DIVISIONAL OFFICE,
PARK HOUSE, ROUND NORTH,
TRISSUR - 680 001,
REPRESENTED BY ITS MANAGER.
4 KAVYA A. KRISHNAN, AGED 24,
D/O. DECEASED KRISHNAN,
AYINIVALAPPIL HOUSE,
(KAILASAM), KUTTUMUKKU P. O,
RAMAVARMAPURAM,
THRISSUR - 680 631.
O.P.(M.A.C) No.36 of 2021 2
5 KIRAN A. KRISHNAN, AGED 22,
S/O. DECEASED KRISHNAN,
AYINIVALAPPIL HOUSE,
(KAILASAM), KUTTUMUKKU P. O,
RAMAVARMAPURAM,
THRISSUR - 680 631.
6 KAILAS A. KRISHNAN, AGED 19,
S/O. DECEASED KRISHNAN,
AYINIVALAPPIL HOUSE,
(KAILASAM), KUTTUMUKKU P. O,
RAMAVARMAPURAM,
THRISSUR - 680 631.
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.36 of 2021 3
JUDGMENT
The petitioner is the 1 st claimant in O.P.(MV) No.439 of
2019 on the file of the Motor Accidents Claims Tribunal, Thrissur,
a claim petition filed under Section 166 of the Motor Vehicles
Act, 1989 claiming compensation on account of death of one
Krishnan A.N. @ Viju, husband of the petitioner and father of
claimants 2 to 4, who are arrayed as respondents 4 to 6 in this
original petition, in a motor accident which occurred on
14.12.2018. The petitioner has filed this original petition under
Article 227 of the Constitution of India seeking an order directing
the Motor Accidents Claims Tribunal, Thrissur to dispose of the
said claim petition on merits within a time limit to be fixed by
this Court.
2. On 07.04.2021, when this original petition came up
for admission, Registry was directed to call for the report from
the Motor Accidents Claims Tribunal, Thrissur as to the present
stage of O.P.(MV) No.439 of 2019 and also the appropriate time
limit within which that 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 all the respondents have appeared and
the case now stands posted on 07.07.2021 for filing written
statement.
4. In the said report, it is stated that considering the
urgency, O.P.(MV) No.439 of 2019 can be disposed of within six
months.
5. 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 and also respondents 4 to 6 is
dispensed with.
6. In this original petition the petitioner is seeking early
disposal of O.P.(MV) No.439 of 2019 pending before the Motor
Accidents Claims Tribunal, Thrissur.
7. The learned counsel for the petitioner would submit
that the deceased was a Sub Staff in Peechi Tribal School and
the family was solely depending upon his income. On account of
his death, the petitioner and her children are facing acute
financial crisis and also recovery proceedings initiated by Trichur
Government Employees' Co-operative Sangham in connection
with the loan availed by him, as evidenced by Ext.P3 notice
dated 29.02.2020 issued by the Secretary of that Bank. The
petitioner has also availed a loan for Rs.6 Lakhs from
Chembukkavu Branch of Trichur Urban Co-operative Bank, Ltd.,
as evidenced by Ext.P2 certificate issued by the branch Manager.
Therefore an early disposal of the claim petition is highly
essential.
8. 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
Motor Accidents Claims Tribunal, Thrissur to finally dispose of
O.P.(MV) No.439 of 2019, as expeditiously as possible, at any
rate, within a period of six months from the date of receipt of a
certified copy of this judgment.
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
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN
O.P.(M.V) NO.439 OF 2019 ON THE FILES
OF LD. M.A.C.T, THRISSUR DATED
25.02.2019.
EXHIBIT P2 A TRUE COPY OF THE LETTER ISSUED BY THE
TRICHUR URBAN CO-OPERATIVE BANK LTD.
EXHIBIT P3 A TRUE COPY OF LETTER RECEIVED FROM
TRICHUR GOVT. EMPLOYEES' CO-OPERATIVE
SANGHAM, NO.34, DATED 29.02.2020.
EXHIBIT P4 A TRUE COPY OF THE FINAL REPORT IN CR.
NO.1048 OF 2018 OF THRISSUR EAST POLICE
STATION.
EXHIBIT P5 A TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE 3RD RESPONDENT IN O.P.(MV)
NO.439 OF 2019 DATED 21.06.2019.
EXHIBIT P6 A TRUE COPY OF THE CASE PROCEEDINGS IN
O.P.(M.V)NO.439 OF 2019 ON THE FILES OF
HON'BLE MACT, THRISSUR DATED NIL.
RESPONDENT'S/S EXHIBITS: NIL.
