High Court of KeralaOP (MAC)/90/2015disposed of

Biju v. Vinod

2015-07-09Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 OP (MAC).No. 90 of 2015 (O) ---------------------------- OP(MV) 435/2013 OF MOTOR ACCIDENTS CLAIM TRIBUNAL, ATTINGAL. ......

PETITIONER/APPLICANT:

------------------------------------ BIJU,S/O. RAJU, CHEKKALAVILASOM VEEDU, AYILAM, MUDAKKAL VILLAGE, ATTINGAL, THIRUVANANTHAPURAM, REPRESENTED BY HIS BROTHER BINU AS THE CAPACITY OF THE NEXT FRIEND.

BY ADV. SRI.M.R.SARIN RESPONDENT(S):

--------------------------

1. VINOD, S/O. VAMADEVAN NAIR, VAMA VILASOM, ANACHAL, KALAMACHAL P.O, TRIVANDRUM - 695 001.

2. RETNAKUMAR, S/O. RETNAKARAN PILLAI, KUNNIL, PUTHEN VEEDU, MELEPANAYARAKONAM, KALAMACHAL P.O., TRIVANDRUM - 695 001.

3. THE UNIVERSAL SOMPO GENRAL INSURANCE CO. LTD., 2ND FLOOR CENTRAL ARCADE, AZAD ROAD NORTH END, KALOOR, KOCHI - 682 017.

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

OP (MAC).No. 90 of 2015 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1THE TRUE COPY OF THE OP(MV) NO. 435/2013 PENDING BEFORE THE HONBLE MOTOR ACCIDENTS CLAIMS TRIBUNAL.

P2 - THE TRUE COPY OF THE WOUND CERTIFICATE ISSUED BY THE GOKULAM MEDICAL COLLEGE & RESEARCH FOUNDATION THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = O.P(MAC) No.90 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 9th day of July, 2015

JUDGMENT

The petitioner is seeking a direction to the Motor Accidents Claims Tribunal, Attingal to dispose of O.P(MV) No.435 of 2013 pending before the said Tribunal within a time frame.

2. The petitioner is the applicant in the above original petition pending before the MACT, Attingal and the respondents are the respondents 1 to 3 therein. The petitioner alleges that he has claimed an amount of ₹15 lakhs as compensation from the respondents.

3. It is stated that after the accident the petitioner is completely bedridden and he is now in quadriplegic condition and huge amounts are required for his treatment. It is further stated that his counsel had requested the Tribunal to hear and dispose of the original petition. However, the Tribunal is not considering his request. It is with this background, the petitioner has come up before this Court.

OP(MAC)90/15 -:2:-

4. Heard the learned counsel for the petitioner.

5. Considering the nature of the relief sought for, this Court is of the view that this writ petition can be disposed of even without issuing notice to the respondents.

Taking into account the urgency pointed out by the petitioner, the writ petition is disposed of directing the Motor Accidents Claims Tribunal, Attingal to consider the O.P(MV) No.435 of 2013 expeditiously and give a final verdict within a period of two months from the date of receipt of a copy of this judgment. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj