Krishnadas.M vs Tobin Tomy
2024 Latest Caselaw 4897 Ker

Kerala High Court

Krishnadas.M vs Tobin Tomy 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. 9 OF 2024
  AGAINST THE ORDER/JUDGMENT OPMV 474/2019 OF ADDITIONAL
        DISTRICT COURT & SESSIONS COURT - V, PALAKKAD /
                 IV ADDITIONAL MACT, PALAKKAD
PETITIONER/PETITIONER:

           KRISHNADAS.M, AGED 33 YEARS
           S/O.MANIKYAN P.K, EMS NAGAR, DHONI,
           AKATHETHARA, PALAKKAD, PIN - 678009

           BY ADVS.
           BINOY VASUDEVAN
           RINCY KHADER
           SREEJITH SREENATH


RESPONDENTS:

    1      TOBIN TOMY, S/O.TOMY C.D, CHAKKALAKKAL HOUSE,
           DHONI (PO), AKATHETHARA, PALAKKAD, PIN - 678009
    2      RANJITH KUMAR.R
           S/O.M.RAVI, AGED 33 YEARS,
           EMS NAGAR IIND LINE, DHONI (PO), PALAKKAD-678009
    3      SBI GENERAL INSURANCE CO.LTD.
           3RD FLOOR, SUN TOWER, BISHOP ALAPATT ROAD,
           EAST FORT, THRISSUR,
           REPRESENTED BY IT MANAGER, PIN - 680005
    4      P.V.KUTTYKRISHNAN
           KRISHNAKRIPA, SATYA SAI NAGAR,
           KALLEKULANGARA (PO) PALAKKAD, PIN - 678009

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(MAC) No.9 of 2024


                                2




                           JUDGMENT

Dated this the 9th day of February, 2024

The petitioner 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, 2 and 4 is

dispensed with.

Taking into consideration the fact that

O.P (MV) No.474/2019 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.

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.474/2019, 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) 9/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CLAIM PETITION WHICH WAS NUMBERED AS O.P(MV)NO.474 OF 2019 PRESENTLY PENDING ON THE FILES OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, PALAKKAD DATED 12-2-2019