Kerala High Court
Riju.V.K vs Muhammad Shafeek on 27 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
OP (MAC) NO. 23 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.540 OF 2022
OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ATTINGAL
PETITIONERS/CLAIMANTS:
1 RIJU.V.K
AGED 35 YEARS, S/O.VASANTHAKUMARAN,
KALIYILIL VEEDU, PUNNAMON VAYAL,
MADATHARA P.O, CHITHARA,
KOLLAM -, PIN - 691541.
2 SANDHYA DEVI
AGED 60 YEARS
W/O VIJAYAN, SREEDHARAVILASOM,
PAZHAYACHANTHA, PONGANADU P.O,
THIRUVANANTHAPURAM-, PIN - 695601.
3 VIJAYAN.S
AGED 67 YEARS
S/O SREEDHARAN, SREEDHARAVILASOM,
PAZHAYACHANTHA, PONGANADU P.O,
THIRUVANANTHAPURAM-, PIN - 695601.
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
RESPONDENTS/RESPONDENTS:
1 MUHAMMAD SHAFEEK
S/O.ABDUL JALEEL MOULAVI, CHIRAYUDE
THEKKETHIL, (FIRDOUS MANZIL),
SOORANADU P.O, PORUVAZHY SOUTH,
KOLLAM -, PIN - 690522.
OP(MAC)No.23 of 2024
:2:
2 NASARUDEEN
PALLIPURAYIL, VALLIKUNNAM P.O,
KOLLAM -, PIN - 690501.
3 SHAJI.M
S/O.MOHAMMED RAWTHER,
PERIMCHERUM VEEDU, KAMPALADY,
PORUVAZHY P.O, KOLLAM, PIN - 690520.
4 THE MANAGER
THE NEW INDIA ASSURANCE CO. LTD.,
KHAISE BUILDING, BEACH ROAD,
KOLLAM -, PIN - 691001.
BY ADV.SRI.KAL K JOSEPHS, STANDING COUNSEL
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(MAC)No.23 of 2024
:3:
JUDGMENT
Dated this the 27th day of March, 2024
The petitioners are the claimants in OP(MV) No.540 of
2022 on the file of the Motor Accidents Claims Tribunal,
Attingal. The claim petition was filed seeking compensation
for the death of Lakshmi, who died in a motor vehicle
accident occurred on 14.02.2021. The 1 st petitioner is the
husband of the deceased and petitioners 2 and 3 are her
parents.
2. On 14.02.2024, at about 5.40 pm, while the 1st
petitioner was riding a motorcycle along with his wife as
pillion rider through MC road from Nilamel to Kilimanoor,
when the motorcycle reached near Thattathumala Junction,
a car bearing registration No.KL-2U-4444 driven by the 1 st
respondent in a rash and negligent manner hit the
motorcycle, which was ridden by the 1 st petitioner. Due to
the impact of the accident, the 1st petitioner fell down from
the motorcycle and sustained very serious injuries. The 1 st
petitioner's wife Smt.Lakshmi also sustained very serious
injuries and she succumbed to the injuries while undergoing
treatment on 16.02.2021. The petitioners are in urgent need
of money to meet their expenses especially for future
treatment. If any further delay happens in disposing Ext.P1
Claim Petition, it will cause irreparable loss and injury to the
petitioners, contends the Counsel for the petitioners.
3. I have heard the learned Counsel for the
petitioners and the learned Standing Counsel representing
the 4th respondent. In view of the nature of relief to be
granted in this writ petition, notice to respondents 1 to 3 is
dispensed with.
4. OP(MV) has been filed in the year 2022. The
petitioners require huge amount of money for the treatment
as a result of the motor vehicle accident. Taking into
consideration the peculiar facts of this case, I am of the view
that the OP(MV) No.540 of 2022 shall be considered by the
Tribunal and dispose of at an earlier date.
In the circumstances, the OP(MAC) is disposed of
directing the Motor Accidents Claims Tribunal, Attingal to
finally hear and dispose of OP(MV) No.540 of 2022 within a
period of three months from the date of receipt of a copy of
this judgment.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF OP (MAC) 23/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF CLAIM PETITION IN
OP(MV) NO.540/2022 ON THE FILE OF
MACT, ATTINGAL DATED 26.5.2022
Exhibit P2 THE COPY OF DISCHARGE SUMMARY DATED
21.1.2022 FROM S.K. HOSPITAL,
THIRUVANANTHAPURAM
Exhibit P2(a) THE DISCHARGE SUMMARY DATED 22.2.2021
ISSUED TO THE PETITIONER FROM
S.K.HOSPITAL, THIRUVANANTHAPURAM
Exhibit P2(b) THE COPY OF TREATMENT CERTIFICATE
DATED 9.3.2021 ISSUED TO THE
PETITIONER FROM S.K. HOSPITAL,
THIRUVANANTHAPURAM
Exhibit P3 THE COPY OF TREATMENT RECORDS DATED
26.6.2023 PERTAINING TO THE
PSYCHIATRIC TREATMENT OF THE
PETITIONER'S FATHER VASANTHAKUMARAN
AT MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM
Exhibit P4 THE DISCHARGE CARD DATED 14.4.2023 OF
THE PETITIONER'S FATHER
VASANTHAKUMARAN FROM MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM
Exhibit P5 THE DISCHARGE SUMMARY OF THE 3RD
PETITIONER DATED 30.5.2020 FROM KIMS
HOSPITAL, THIRUVANANTHAPURAM
