Soman vs Anandhu
2022 Latest Caselaw 8232 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                   OP (MAC) NO. 64 OF 2022
   AGAINST THE ORDER/JUDGMENT IN OPMV 1794/2020 OF MOTOR
               ACCIDENT CLAIMS TRIBUNAL ,KOLLAM
PETITIONERS/PLAINTIFFS:

    1     SOMAN
          AGED 59 YEARS
          RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
          KILIKOLLOOR, KOLLAM-691004., PIN - 691004
    2     JAYA
          AGED 49 YEARS
          RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
          KILIKOLLOOR, KOLLAM-691004., PIN - 691004
    3     VISHNU
          AGED 28 YEARS
          RESIDING @ VISHNU BHAVAN, KALLUMTHAZHAM.P.O,
          KILIKOLLOOR, KOLLAM-691004., PIN - 691004
          BY ADV R.KISHORE (KALLUMTHAZHAM)


RESPONDENT/DEFENDANT:

    1     ANANDHU
          AGED 24 YEARS
          K.P.NAGAR-33, ANANDHU BHAVAN, KILIKOLLOOR,
          KALLUMTHAZHAM.P.O, KOLLAM-691004(DRIVER OF THE
          VEHICLE BEARING REG NO.KL-21-R-7560), PIN - 691004
    2     HAJAR BEEVI
          AGED 51 YEARS
          D/O FATHIMA KUNJU, A.N.MANZIL, CHARUMOODU,
          PUTHUKULANGARA.P.O, TRIVANDRUM( REGISTERED OWNER
          OF THE VEHICLE BEARING REGISTRATION NUMBER KL-21-
          R-7560), PIN - 695541
 O.P.(MAC) No.64 of 2022
                                 2



      3      MANAGER,THE NEW INDIA INSURANCE CO.LTD
             OPP. FOREST OFFICE, CHULLIMANOOR JN.
             CHULLIMANOOR.P.O, NEDUMANGAD, TRIVANDRUM-695541
             (INSURER OF THE VEHICLE BEARING REGISTRATION NUMBER
             KL-21 R-7560), PIN - 695541


             BY SRI. LAL K.JOSEPH - SC.



    THIS OP (MAC) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P.(MAC) No.64 of 2022
                                   3




                            JUDGMENT

This O.P.(MAC) is filed for a direction to the Motor

Accidents Claims Tribunal, Kollam to dispose of O.P.(MV)

No.1794/2020 on the file of the said Tribunal within a time

frame fixed by this Court.

2. Heard the learned counsel for the petitioner and Sri.

Lal.K.Joseph, learned Standing counsel for the 3 rd respondent

Insurance Company. In the nature of the direction I propose

to pass, notice to the 2nd respondent is dispensed with.

3. When the O.P.(MAC) came up for admission on

27.06.2022, this Court directed the Registry to get a report

from the Motor Accidents Claims Tribunal, Kollam as to the

minimum time required for the disposal of O.P.(MV) No.1794

of 2020. The report has been submitted by the learned

Tribunal wherein it is stated that the respondents 1 to 3 in

the O.P.(MV) have not filed written statement so far.

However, it is reported that the Tribunal will ensure that the O.P.(MAC) No.64 of 2022

case will be disposed of at the earliest preferably within four

months.

4. In the light of the report of the Tribunal, I am sure

that the Tribunal will endeavour to dispose of the matter at

the earliest.

The O.P.(MAC) is disposed of with the above observation.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

al/-

O.P.(MAC) No.64 of 2022

APPENDIX OF OP (MAC) 64/2022

PETITIONER EXHIBITS Exhibit::P1 THE TRUE COPY OF THE PETITION FILED BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL KOLLAM NUMBERED AS OP(MV)1794/2020 DATED 11TH SEPTEMBER 2020 Exhibit:P2 THE TRUE COPY OF THE DIAGNOSIS REPORT OF THE 2ND PETITIONER ISSUED BY THE DEPARTMENT OF CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM Exhibit:P3 THE TRUE COPY OF THE MEDICAL CERTIFICATE FOR AVAILING FINANCIAL ASSISTANCE DATED 06.07.2021