Madras High CourtCRP(MD)/533/2020disposed of

Minor Ramasamy v. S.Parthiban

2020-07-01Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P(MD)No.533 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD)No.533 of 2020 Minor Ramasamy [Minor petitioner is represented by his father and natural guardian Mr.Karanthamalai] .. Petitioner / Claimant Vs.

1.S.Parthiban 2.The Divisional Manager, United India Insurance Company, Union Bank of India Building Upstairs, Madurai Road, Virudhunagar District.

.. Respondent/ Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India praying to direct the Motor Accidents Claims Tribunal (Additional District Court), Virudhunagar to dispose of M.C.O.P.No.15 of 2019 within a stipulated period as to be fixed by this Court.

For petitioner : Mr.M.Thirunavukkarasu

ORDER

This civil revision petition has been filed by the petitioner / claimant seeking for a direction to the Motor Accidents Claims Tribunal (Additional District Court), Virudhunagar to dispose of M.C.O.P.No.15 of 2019 within a stipulated time. 2.According to the petitioner / claimant, he filed the claim petition in M.C.O.P.No.15 of 2019 before the Court below, for the injuries sustained by him in the accident which tookplace on 29.09.2018 in front of Anniyendal Pillayar Kovil situated at Madurai to Rameshwaram National Highway and the same was numbered on 09.01.2019. The petitioner filed proof affidavit on 26.02.2020 and it was posted for cross-examination of P.W.1 on 18.03.2020. Thereafter, it was adjourned to 04.06.2020 and 17.07.2020. The grievance of the petitioner is that though the claim petition has https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.533 of 2020 been filed by the petitioner / claimant in the year 2019, the same has been adjourned on several occasions without any valid reason. The petitioner sustained 100% disability and the father of the petitioner is not having sufficient income to meet out the medical expenditure for regular treatment of his son, right from the date of accident. Therefore, he has filed this revision petition seeking a direction for early disposal of the claim petition. 3.Heard the learned counsel for the petitioner / claimant. In view of the limited relief sought for by the petitioner / claimant and also considering the fact that the disposal of the claim petition would not cause any prejudice to the respondents, this Court is of the view that notice need not be sent to the respondents.

4.Considering fact that the claim petition has been pending from 2019 onwards and also considering the submission of the learned counsel appearing for the petitioner / claimant, this Court, without adverting to the merits of the case, is inclined to direct the Court below to dispose of M.C.O.P.No.15 of 2019 on merits and in accordance with law as early as possible, preferably within a period of three months from the date of receipt of a copy of this order. The Court below is directed to send the compliance report to the Registry of this Court. Both the parties are directed to co-operate with the Court below for early disposal of M.C.O.P.No.15 of 2019. 5.Accordingly, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) smn To 1.The Additional District Judge, Motor Accidents Claims Tribunal, Virudhunagar.

ORDER MADE IN C.R.P(MD)No.533 of 2020 01.07.2020 SCR(CO) NR (07.07.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2