Kerala High Court
Preethi A vs New India Assurance Company Ltd on 23 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
OP (MAC) NO. 40 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.925 OF 2022 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
PETITIONER/PETITIONER
PREETHI A
AGED 35 YEARS
W/O PRASANTH P, 67/10618, ELUPARAMBIL HOUSE,
T D ROAD WEST ROAD, ERNAKULAM,
PIN - 682011
BY ADVS.
K.S.ARUNDAS
ABIJITH.K
AMBILY JOSHY
RESPONDENTS/RESPONDENTS:
1 NEW INDIA ASSURANCE COMPANY LTD.
1215, B BLOCK, NAURANG HOUSE 21, K G MARG,
NEW DELHI, REPRESENTED BY ITS MANAGING DIRECTOR,,
PIN - 110001
2 MR K N SHAFEEK
S/O NASAR, HOUSE NO 4/29,
THODUVELIPARAMBU, CHERALAI,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 680002
3 MR SHIHAB
NIKARTHIL HOUSE, MASJID LANE,
EDAKOCHI P O, EDAKOCHI,
ERNAKULAM DISTRICT, PIN - 680002
4 NATIONAL INSURANCE COMPANY
1ST FLOOR, VETTEEL CHAMBERS,
MAHATMA GANDHI RD, ADJACENT TO IOC PUMP, R
AVIPURAM, PALLIMUKKU, ERNAKULAM,
REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 682016
O.P (MAC) No.40 Of 2024
2
SRI.LAL K.JOSEPH (STANDING COUNSEL)-R1
SRI.GEORGE CHERIAN (STANDING COUNSEL)-R4
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (MAC) No.40 Of 2024
3
JUDGMENT
Dated this the 23rd day of May, 2024
The O.P (MAC) has been filed by the petitioner seeking
early disposal of OP(MV) No.925/2022, which is pending on
the file of the Motor Accident Claims Tribunal, Ernakulam.
2. The petitioner submitted that on 25.12.2021 at
about 10 AM, when the petitioner was traveling in Scooter, a
private car bearing registration No.KL-43M-4343 hit on the
scooter of the petitioner. As a result, she was thrown to the
road and thereby sustained serious injuries. Immediately after
the accident, the petitioner was taken to General Hospital,
Ernakulam, wherein she was given First Aid. Considering the
gravity of injury, she was referred to Medical College Hospital,
Kottayam. But, considering the pathetic medical condition, she
immediately got admitted in nearby Medical Trust Hospital,
Ernakulam. As highly complicated surgery was required, the
O.P (MAC) No.40 Of 2024
petitioner was then shifted to Amrita Institute of Medical
Sciences. As a result of the accident, the claimant suffered
spine fracture and severe injuries and is completely bedridden
from the date of accident.
3. The petitioner was an Accountant in a Grocery
Shop at Ernakulam. The husband of the petitioner was a
Driver. A huge amount has been spent for the treatment of the
petitioner. The petitioner and her family are living in a
financially pathetic situation.
4. The petitioner filed a claim petition before the
Motor Accident Claims Tribunal, Ernakulam on 10.07.2022.
The same was admitted on file and numbered as O.P (MV)
No.925/2022. The said case was first posted for appearance
of the respondents on 03.12.2023. But, on that day the case
was adjourned through notification to 26.05.2023. Thereafter
the case was posted several times and was adjourned by
notification without considering in open court. So the
O.P (MAC) No.40 Of 2024
petitioner has filed a petition for speedy disposal of the case
on 27.10.2023. The said petition is not considered till date.
Aggrieved by non-consideration of O.P (MV) No.925/2022 and
Ext.P3 petition for early disposal, the petitioner has filed this
O.P (MAC) before this Court.
5. I have heard the learned counsel for the petitioner
and the respective learned Standing Counsel representing
respondents 1 and 4. In view of the nature of the relief to be
granted in this writ petition, notice to respondents 2 and 3 is
dispensed with.
6. The grievance of the petitioner is relating to long
pendency of the O.P (MV). When this O.P (MAC) came up,
this Court sought for a report from the Motor Accident Claims
Tribunal, Ernakulam. The Tribunal has informed that Medical
Board report is awaited and once the Medical Board gives its
report enabling the Tribunal to assess the disability of the
petitioner, the matter can be proceeded further with trial. It
O.P (MAC) No.40 Of 2024
may take a further four months time to conclude the trial and
pass Award.
7. Taking into consideration the afore facts, I am of
the view that the O.P(MAC) can be disposed of with
appropriate directions.
The O.P (MAC) is therefore disposed of directing the
Motor Accident Claims Tribunal to try and pass Award in O.P
(MV) No.925/2022 within a period of four months from the
date of receipt of the report of the Medical Board.
Sd/-
N.NAGARESH
JUDGE
hmh
O.P (MAC) No.40 Of 2024
APPENDIX OF OP (MAC) 40/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION
NO OP (MV) 925/2022
Exhibit P2 A TRUE COPY OF PROCEEDINGS IN OP (MV)
NO 925/2022 OBTAINED FROM THE OFFICIAL
WEBSITE
Exhibit P3 A TRUE COPY OF THE PETITION FILED
SEEKING EARLY DISPOSAL DATED
26/10/2023
