Kerala High Court
Jaseela K vs Mani R on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
OP (MAC) NO. 59 OF 2023
OPMV NO.1583/2017 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL, PALAKKAD (ADDITIONAL MACT NO.IV)
PETITIONERS/PETITIONERS:
1 JASEELA K
AGED 30 YEARS
W/O LATE LIJESH JOY, D/O ABDUL LATHEEF, KUNNATH
HOUSE, KOLPPADAM, THENKARA P O, MANNARKKAD,
PALAKKAD DISTRICT., PIN - 678582
2 ANSIL K
AGED 11 YEARS
(MINOR), S/O LATE LIJESH JOY, REP BY MOTHER AND
GUARDIAN JASEELA K, AGED 30 YEARS, W/O LATE LIJESH
JOY, D/O ABDUL LATHEEF, KUNNATH HOUSE, KOLPPADAM,
THENKARA P O, MANNARKKAD, PA;LAKKAD DISTRICT,
PIN - 678582
3 ANAS P,
AGED 15 YEARS
(MINOR), S/O LATE LIJESH JOY, REP BY MOTHER AND
GUARDIAN JASEELA K, AGED 30 YEARS, W/O LATE LIJESH
JOY, D/O ABDUL LATHEEF, KUNNATH HOUSE, KOLPPADAM,
THENKARA P O, MANNARKKAD, PALAKKAD DISTRICT,
PIN - 678582
BY ADV BABY MATHEW
RESPONDENTS/RESPONDENTS:
1 MANI R
AGE NOT KNOWN, S/O RAMASAMY, 4/6,JAYANTHI COLONY,
SELLAPPAMPATTI P O, NAMAKKAL DISTRICT,
O.P.(MAC) No.59 of 2023
2
TAMIL NADU,, PIN - 637019
2 THANGARASU C,
AGED 47 YEARS
S/O CHINNAN, 3/39A, KARAIKURICHYPUDUR COLONY,
KARAIKURICHI, NAMAKKAL DISTRICT, TAMIL NADU,
PIN - 606213
3 NEW INDIA ASSURANCE COMPANY LTD.
REP BY BRANCH MANAGER, SETHUKRISHNA TRADE CENTRE,
SECOND FLOOR, TRICHY MAIN ROAD, SALEM,
TAMIL NADU -636006.
COMMUNICATION ADDRESS
NEW INDIA ASSURANCE CO LTD, N S TOWER, STADIUM BUS
STAND, COIMBATORE ROAD, PALAKKAD-, PIN - 678001
4 ALICE
AGED 52 YEARS, W/O JOY, POOTHODE, VEEDU,
MANKURRISSI, VAZHAMPURAM P O, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678595
5 JOY
AGED 57 YEARS, S/O VARGHEESE, POOTHODE VEEDU,
MANKURRISSI, VAZHAMPURAM P O, MANNARKKAD,
PALAKKAD DISTRICT, PIN - 678595
SRI LAL K JOSEPH, SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(MAC) No.59 of 2023
3
JUDGMENT
This Original Petition is filed seeking expeditious disposal of O.P(MV)
No.1583 of 2017 on the files of the Additional Motor Accidents Claims
Tribunal-IV, Palakkad.
2. A report was called for from the Tribunal, wherein it is reported
as under:
" As per the references cited above, the Hon'ble High Court has
directed to report status of OP(MV) 1583/2017 which was pending
before this Court.
It is submitted that OP(MV) 1583/2017 is filed by the wife and
children of the deceased Lijesh for compensation. Another petition
OP(MV) No.1440/2017 was also filed by the mother and legal heirs of
the father of the deceased Lijesh. Accordingly both the OP(MV)s were
ordered to be tried jointly as per the order dated 09.12.2019 in IA
3394/2018.
During the trial a Transfer Appeal No.(C) 11 & 12 of 2022 filed
by the petitioner before the Hon'ble High court to transfer both
OP(MV)s to MACT, Ottapalam as the petitioners are only 10 kms from
their native place Mannarkkad to Ottapalam. Thereafter the appeal was
dismissed by the Hon'ble High Court on 26.07.2022.
It is also submitted that evidence in both OP(MV)s are
O.P.(MAC) No.59 of 2023
completed and posted on 25.04.2023 for further hearing as it is needed
some more clarification regarding the validity of marriage is contended
by the petitioners in OP(MV) 1440/2017. In this circumstances, the
Hon'ble High Court may be allowed 7 days more time to dispose the
OP(MV)s after hearing from 25.04.2023. The same may be forwarded
to the Hon'ble High court of Kerala.
In that view of the matter, this Original Petition is disposed of
directing the Tribunal to act in terms of the report.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
O.P.(MAC) No.59 of 2023
APPENDIX OF OP (MAC) 59/2023
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE CLAIM PETITION DATED
24/06/2017 IN OP MV NO.1583/2017 OF M A
C TRIBUNAL, PALAKKAD.
Exhibit P2 TRUE COPY OF THE CASE STATUS DATED
06/03/2023 IN O P MV NO.1583/2017
RESPONDENTS'
NIL
EXHIBITS:
