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Madras High CourtCRP/4814/2017disposed of

M. Bala Subramaniam v. Siva Selvam

2024-06-21Honourable Mr Justice Battu Devanand5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND M. Bala Subramaniam ... Petitioner Vs.

1.Siva Selvam 2.The Reliance General Insurance Co., Ltd., No.6, Hadas Road, Nungambakkam, Chennai - 600 034.

... Respondents Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Additional District Judge - II, Poonamallee, which is the Motor Accident Claims Tribunal to conduct the trial expeditiously in M.C.O.P.No.548 of 2016 pending on the file of Motor Accident Claims Tribunal, Additional District Judge - II at Poonamallee within the time stipulated by the Court for conduction the trial not exceeding three months and thus render justice.

For Petitioner : Ms. K. Sumathi For Respondents : Mr. P. Suresh Srinivasan, for R2 1/5

O R D E R

This Civil Revision Petition has been filed seeking a direction to the Additional District Judge - II, Poonamallee / Motor Accident Claims Tribunal to conduct the trial expeditiously in M.C.O.P.No.548 of 2016.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the second respondent.

3. The case of the petitioner is that he sustained multiple and grievous injuries in the motor vehicle accident that occurred on 27.07.2016. He filed a claim petition for compensation in M.C.O.P.No.548 of 2016 before the Additional District Judge - II, Poonamallee / Motor Accident Claims Tribunal. As per the petitioner, the claim petition went several adjournments, finally it is posted to 22.01.2018 for filing counter by the respondents.

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4. Learned counsel for the petitioner submits that the petitioner had borrowed amounts to undergo treatment and he is unable to pay back due to the pendency of the claim petition for which seeking compensation. Accordingly, he prayed to direct the Motor Accident Claims Tribunal to dispose of the claim petition expeditiously.

5. Infact, the claim petition in M.C.O.P.No.548 of 2016 filed by the claimant in the year 2016, now in the year 2024 also it is pending.

6. By considering the request of the petitioner for expeditious trial, no prejudice will be caused to the respondents and early disposal is in the interest of justice.

7. As such, this Court is of the opinion that it is appropriate and reasonable to direct the Additional District Judge - II, Poonamallee / Motor Accident Claims Tribunal, to conduct trial and dispose of the M.C.O.P.No.548 of 2016 as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order. 3/5

8. Accordingly, the Civil Revision Petition is disposed of with a direction to the Additional District Judge - II, Poonamallee / Motor Accident Claims Tribunal to conduct trial and dispose of the M.C.O.P.No.548 of 2016 as early as possible, preferably within a period of three moths from the date of receipt of copy of this order.

9. There shall be no order as to costs.

21.06.2024 Index : Yes / No AT Note: Issue order copy within three days To The Additional District Judge - II, Poonamallee / Motor Accident Claims Tribunal.

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BATTU DEVANAND, J.

AT 21.06.2024 5/5