Hamsa Kunju vs Anoop M.J
2024 Latest Caselaw 26932 Ker

Kerala High Court

Hamsa Kunju vs Anoop M.J on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                     2024:KER:67747
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                        OP (MAC) NO. 75 OF 2024

        OPMV NO.1752 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,

                               ATTINGAL

PETITIONER/APPLICANT:

          HAMSA KUNJU
          AGED 70 YEARS
          S/O.MUHAMMED ISMAIL, HAZEENA COTTAGE, EDVOORKONAM,
          PUTHUSSERIMUKKU.P.O, KADAVOOR VILLAGE,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695605.


          BY ADV T.M.ABDUL LATHEEF


RESPONDENTS/RESPONDENTS:

    1     ANOOP M.J
          S/O.MADHU, KUNNUVILAVEEDU, MULLARAMCODE, OTTOOR,
          KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695605.

    2     MADHU
          S/O.SURENDRAN, KUNNUVILAVEEDU, MULLARAMCODE, OTTOOR,
          KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695605.

    3     THE DIVISIONAL MANAGER
          NEW INDIA ASSURANCE CO. LTD, DIVISIONAL OFFICE, 3RD
          PARTY CLAIMS DIVISION (HUB), PANAMUGHAM BUILDING,
          2ND FLOOR, GOVT. PRESS ROAD, THIRUVANANTHAPURAM,
          PIN - 695001.


          SRI.LAL K. JOSEPH-SC


     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 06.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                      2024:KER:67747
OP (MAC) NO. 75 OF 2024                   2

                                    JUDGMENT

The present O.P(MAC) has been filed for the following

prayers:-

i) To call for the records relating to Exhibits P1 to P4 and to issue an order or direction, directing the Motor Accidents Claims Tribunal, Attingal to include OP(MV)No.1752/2019 filed by the petitioner, for evidence and disposal at the earliest and at any rate within two months from this date;

ii) Dispense with the filing of English transactions of Vernacular documents;

iii) Any other reliefs may be granted as prayed at the time of argument and is deemed fit to be granted by this Hon'ble Court.

2. The O.P.(MV) is pending since 2019. The petitioner is said

to be around 70 years of age. The petitioner is also said to have been

suffering from serious ailments which requires lot of medical

expenditure. Therefore, an early disposal of the pending O.P(MV)

No.1752 of 2019 in which the petitioner is the claimant is desirable.

Considering the facts of the case, the present O.P(MAC) is

disposed of with a direction to the Motor Accidents Claims Tribunal,

Attingal to conclude the proceedings in O.P(MV) No.1752 of 2019 as

expeditiously, within a period of six months.

Sd/-

DINESH KUMAR SINGH JUDGE Sru 2024:KER:67747

APPENDIX OF OP (MAC) 75/2024

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE OP(MV)NO.1752 OF 2019 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 2.12.2019, FILED BY THE PETITIONER.

Exhibit P2 COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE KIMS HOSPITAL, THIRUVANANTHAPURAM DATED 24.6.2019.

Exhibit P3 COPY OF THE WRITTEN STATEMENT DATED 4.1.2023.

Exhibit P4 TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 21-12-2023.