Thankappan vs David P.T
2024 Latest Caselaw 4896 Ker

Kerala High Court

Thankappan vs David P.T on 9 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                    OP (MAC) NO. 8 OF 2024
  AGAINST THE ORDER/JUDGMENT OPMV 128/2019 OF ADDITIONAL
        DISTRICT COURT & SESSIONS COURT - V, PALAKKAD /
                 IV ADDITIONAL MACT, PALAKKAD
PETITIONER/PETITIONER:

           THANKAPPAN, AGED 73 YEARS
           S/O.RAMASWAMY, SREENIVAS HOUSE, MANALKAD 14,
           KOYYAMARAKAD, KANJIKKODE (PO), PUDUSSERY CENTRAL,
           PALAKKAD DISTRICT, PIN - 678621

           BY ADVS.
           BINOY VASUDEVAN
           RINCY KHADER
           SREEJITH SREENATH


RESPONDENTS:

    1      DAVID P.T
           THOMSON AGENCIES, V/516A, KOMBODINJAMAKKAL
           THAZHEKKAD (PO), THIRSSUR DISTRICT, PIN - 680697
    2      BINEESH M.K
           S/O.KARUNAKARAN, AGED 54 YEARS,
           MORIYIL VEEDU, PALISSERY EZHATTUMUGHAM (PO)
           ERNAKULAM DISTRICT, PIN - 685605
    3      NATIONAL INSURANCE COMPANY LTD.
           NORTH PARAVUR BRANCH, FIRST FLOOR,
           MUNICIPAL SHOPPING COMPLEX, MAIN ROAD,
           NORTH PARAVUR, ERNAKULAM DISTRICT,
           REPRESENTED BY ITS MANAGER, PIN - 689513

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(MAC) No.8 of 2024


                                 2




                            JUDGMENT

Dated this the 9th day of February, 2024

The petitioner, who is a Senior Citizen, has approached

this Court aggrieved by the inordinate delay in disposing of

the Claim Petition preferred by him before the Motor

Accidents Claims Tribunal, Palakkad. It is stated that the

Claim Petition is now posted for hearing on 18.03.2024.

2. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

3rd respondent. In view of the nature of the relief to be granted

in the O.P (MAC), notice to respondents 1 and 2 is dispensed

with.

Taking into consideration the fact that

O.P (MV) No.128/2019 has been filed as early in the year

2019, it would be only just and proper that the petition is

disposed of at the earliest and also taking into consideration

the fact that the petitioner is a Senior Citizen.

In the facts of the case, O.P (MAC) is disposed of

directing the Additional M.A.C.T-IV, Palakkad to consider and

dispose of O.P (MV) No.128/2019, within a period of one

month from the next date of hearing, namely 18.03.2024.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF OP (MAC) 8/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CLAIM PETITION WHICH WAS NUMBERED AS O.P(MV)NO.128 OF 2019 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, PALAKKAD DATED 22-12-2018 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT PREFERRED BY THE 3RD RESPONDENT INSURER DATED 16.08.2019