T.Harison v. Binu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 OP (MAC).No. 96 of 2015 () --------------------------- OPMV 301/2013 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA ----------------- PETITIONER :

----------------- T. HARISON, AGED 71 YEARS, S/O.THOMSON, BABY COTTAGE, KALLUVILA, ARUMANOOR, POOVAR.P.O., NEYYATTINKARA.

BY ADV. SRI.G.SUDHEER RESPONDENTS :

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

1. BINU S/O.SURENDRAN, THADATHARIKATHU VEEDU, MEENANGAL ARYANADU.P.O., NEDUMANGADU, THIRUVANANTHAPURAM.

2. SAMRAJ, AGED 39 YEARS, S/O.SATHANESAN, DARAPANINNAPUTHEN VEEDU, PUTHENKADA THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA.

3. THE MANAGER TAFIA AIG GENERAL INSURANCE CO. LTD., PELILSULA CORPORATE PARK, NICHOLAS PIRAMEL TOWER, 9TH FLOOR, VALPATRAO KODAM MARG, LOWER PAREL MUMBAI - 400 013.

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp

OP (MAC).No. 96 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE O.P.(MV)NO.301/2013 FILED BY THE PETITIONER AND OTHERS BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA.

P2:

TRUE COPY OF THE LAWYER NOTICE SENT BY ADVOCATE MUNJA MANOHAR TO THE PETITIONER DATED 11.3.2015.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- O.P.(MAC) No. 96 of 2015 -------------------------------------------------- Dated this the 17th day of July, 2015

J U D G M E N T

The petitioner is seeking a direction to the Motor Accidents Claims Tribunal, Neyyattinkara, for an early disposal of Ext.P1 claim petition, OP(MV) No.301/2013. 2.

The petitioner is the 1st applicant in Ext.P1 claim petition. His daughter, Jaya Prabha, who was a widow, died in a motor vehicle accident. The 2nd applicant is the mother and applicants 3 & 4 are the daughters of the deceased. The petitioner alleges that he had to avail private loans to meet the marriage expendenses of the elder daughter of the deceased as well as the funeral expenses of the deceased. Now, the loan amounts are being demanded back through Ext.P2 lawyer notice. It is further alleged that the marriage of the second daughter is also on the way. Hence, the petitioner prays for a direction for an early disposal of Ext.P1.

O.P.(MAC) No. 96 of 2015 ..2..

3.

As the limited prayer is only for a speedy disposal of Ext.P1, this Court is of the view that the original petition can be disposed of even without issuing notice to the respondents.

In the result, the original petition is disposed of directing the Motor Accidents Claims Tribunal, Neyyattinkara, to expedite the trial on Ext.P1 and give an early verdict preferably within a period of three months from the date of receipt of a copy of this judgment. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-