High Court of KeralaOP (MAC)/68/2015disposed of

Ramachandran v. Madhukuttan

2015-06-09Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 OP (MAC).No. 68 of 2015 (O) --------------------------------------- AGAINST THE JUDGMENT IN OPMV 489/2011 of ADDL.D.C.-II & MACT, MAVELIKKARA PETITIONER / PLAINTIFF : - ----------------------------------------- RAMACHANDRAN, AGED 49 YEARS, S/O.BALAKRISHNA PANICKER, MANJINATTU HOUSE, CHINGOLI MURI, CHINGOLI VILLAGE, KARTHIKAPPALLY TALUK BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMBIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS / DEFENDANTS : - ---------------------------------------------------

1. MADHUKUTTAN, S/O.PANKAJAKSHAN PILLAI, 'MADHURIMA', CHENNAMPALLY VADAKKUM MURI, CHENNAMPALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA 688 524.

2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM 695 023 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC BY ADV. SRI.P.C.CHACKO, SC, KSRTC THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/-

A.V. RAMAKRISHNA PILLAI,J.

--------------------------------------- ---------------------------------------- Dated this the 09th day of June, 2015

JUDGMENT

Seeking an early disposal of a claim petition filed by the petitioner before the Motor Accidents Claims Tribunal, he has come up before this Court.

2. The petitioner met with a road traffic accident on 16.04.2010. He was knocked down by a KSRTC Bus. The petitioner sustained very grievous injuries including multiple fractures and he was under treatment in the Medical College Hospital, Alappuzha, for a long time. The petitioner had to expend a huge amount for his treatment which was arranged from private sources. The petitioner could not engage in any sort of work for a long period. Seeking compensation, the petitioner filed OP (MV) No. 489/2011

before the Motor Accidents Claims Tribunal, Mavelikkara. The petitioner was under the bonafide hope that his claim would be decided without delay so that he would be able to tide over the financial crisis. However, there is no considerable progress in the proceedings in the claim petition. The persons who extended help by advancing money for his treatment is now chasing the petitioner demanding repayment of the amount. The petitioner is therefore, in huge financial crisis and he is even finding it difficult to get both the ends meet. It is alleged that unless the claim petition is disposed of at the earliest, the petitioner would be put to irreparable injury.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Corporation.

4. Considering the nature of prayer and submission this Court is of the view that this writ petition can be disposed of even without issuing notice to the first respondent.

Therefore, this writ petition is disposed of directing the Motor Accidents Claims Tribunal, Mavelikkara, to expedite the trial of OP (MV) No. 489/2011 on the file of the said

Tribunal and to give a final verdict within a period of two months from the date of receipt of a copy of this judgment. A.V. RAMAKRISHNA PILLAI JUDGE DMR/-