Kerala High Court
Santha vs Managing Director on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP (MAC) NO. 61 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPMV 901/2018 OF SPECIAL COURT FOR EC ACT
CASES & MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR
PETITIONER/S:
1 SANTHA
AGED 60 YEARS
W/O LATE BALAN ,(M/O LATE [email protected] K BALAN,
RESIDING AT KIZHAKKUMBRI HOUSE,
P.O. AYYANTHOLE NORTH, NEAR PANNIYAMKULANGARA
TEMPLE, AVENUE ROAD, THRISSUR-680 003., PIN - 680003
2 SANDHYA
AGED 35 YEARS
D/O LATE BALAN ,(S/O LATE [email protected] K.BALAN
RESIDING AT KIZHAKKUMBRI HOUSE,
P.O. AYYANTHOLE NORTH, NEAR PANNIYAMKULANGARA
TEMPLE, AVENUE ROAD, THRISSUR-680 003., PIN - 680003
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
RESPONDENT/S:
1 MANAGING DIRECTOR
M/S CHERUKKATT INDUSTRIES,
MARINE DIVISION, AROOR P.O., NEAR CHERTHALA,
ALAPPUZHA DISTRICT-688 534., PIN - 688534
2 MADHUSOODANAN.P.M
S/O MADHAVAN, RESIDING AT
PUTHIYAMBATHU NIKKUTHU, AROOR P.O.,
NEAR CHERTHALA, ALAPPUZHA DISTRICT-688 534., PIN - 688534
3 THE NATIONAL INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE, POST BOX NO.106, KOLLANNUR
DEVASSY SMARK BUILDING, ROUND EASTTHRISSUR-680 001,
REPRESENTED BY ITS DIVISIONAL OFFICER., PIN - 680001
OTHER PRESENT:
SRI LAL GEORGE SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 14.06.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) NO. 61 OF 2022
2
JUDGMENT
Petitioners have approached this Court seeking directions to the
Motor Accident Claims Tribunal, Thrissur to dispose of Ext.P1 claim
petition O.P(M.V)No.901/2018.
2. Considering the aforementioned prayer this Court on 9.6.2022
passed the following order:
The Registry to call for the report from the Motor
Accidents Claims Tribunal, Thrissur with regard to the
minimum time required for disposal of O.P.(M.V) No.901 of
2018 on the file of the said Tribunal. Post on 14.6.2022.
3. In view of the aforementioned order, MACT, Thrissur has
submitted a report dated 10.6.2022. The same reads thus:
OP (MV) 901/2018 pending before this Tribunal is now
posted to 26.7.2022. The respondent Nos.1 and 2 remained
absent, the third respondent appeared and sought time for
filing written statement. The case is now posted to 26.7.2022,
for written statement of 3rd respondent. The petitioner in the
said OP named [email protected] is reported no more and application
filed for impleading the legal representatives as supplemental
petitioner No.2 and 3 is yet to be allowed. In this case
pleadings is not complete. In such circumstances, I may submit
that OP(MV) 901/2018 can be disposed of within a period of 6
months from 26.7.2022, the next hearing date. The aforesaid
facts are humbly submitted.
Aforementioned request is accepted. Original petition is disposed
of with a direction to the Motor Accidents Claim Tribunal to dispose of
OP(MV) 901/2018 within a period of six weeks from 26.7.2022.
SD/-
sab AMIT RAWAL, JUDGE
OP (MAC) NO. 61 OF 2022
APPENDIX OF OP (MAC) 61/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CLAIM PETITION O.P.(MV) .
NO.901/2018 ON THE FILE OF THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL, THRISSUR, DATED
4.4.2018.
ExhibitP2 TRUE COPY OF THE SALE PROCLAMATION IN O.S
NO.137/2015, SUB COURT, THRISSUR, DATED
9.2.2022.
Exhibit-P3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
FROM THE THRISSUR DISTRICT CO-OPERATIVE
HOSPITAL IN 15&16. RESPECT TO THE 1ST
PETITIONER, DATED 25.11.2021
