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High Court of KeralaOP (MAC)/147/2015disposed of

Renji Umman v. National Insurance Co. Ltd.

2015-11-254 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 OP (MAC).No. 147 of 2015 (O) ----------------------------- AGAINST THE ORDER/JUDGMENT IN OPMV 792/2003 of M.A.C.T.,KOLLAM DATED 22-12-2010 PETITIONER(S):

-------------------------- RENJI UMMAN AGED 45 YEARS S/O.UMMAN PHILIP, RENJI VILASAM KUMMALLORE P.O, ADICHANALLORE, KOLLAM DISTRICT BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENT(S):

---------------------------- NATIONAL INSURANCE CO. LTD.

PARAMESWAR BUILDING KOLLAM-691 001.

R BY SRI.M.A.GEORGE THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (MAC).No. 147 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE AWARD IN OP(MV)792/2003 ON THE FILE OF MACT, KOLLAM DATED 22.12.2010.

P2:TRUE COPY OF THE I.A.NO.5376/2012 IN OP(MV)792/2003. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

K.HARILAL, J.

-------------------------------------- O.P(MAC)NO. 147 OF 2015 --------------------------------------- Dated this the 25th day of November, 2015

JUDGMENT

The petitioner is the claimant in OP(MV)No.792/2003 on the file of the Motor Accidents Claims Tribunal, Kollam. He filed the above original petition, claiming compensation for the injuries sustained by him in a motor accident, which occurred on 23.3.2003 and Ext.P1 award was passed on 22.12.2010. Even though the petitioner claimed an amount of 2lakhs, Ext.P1 award was passed directing the ₹ respondent to pay 19,000/-(Nineteen thousand only) as ₹ compensation. Aggrieved by the inadequacy in quantum of compensation determined by the Tribunal, the petitioner had preferred I.A.No.5376/2012 to review the award passed by the Tribunal.

2.

The grievance of the petitioner is that even though Ext.P2 review petition was filed in the year 2012, no order has been passed so far. Hence the petitioner has prayed for directing the Tribunal to dispose of the same within a specified time.

O.P(MAC)No.147/2015 3.

The learned counsel for the petitioner submits that the relief sought for in this original petition is limited to a direction to dispose the review petition, within the specified time, as the same is pending for the last more than three years.

Heard Smt. Deepa George, the learned counsel for the respondent also.

4.

Having regard to the hardship caused to the petitioner, due to the delay in disposing Ext.P2, the Motor Accidents Claims Tribunal, Kollam is directed to dispose of I.A.No.5376/2012 in O.P(MV)No.792/2003 within a period of two months from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

K.HARILAL, JUDGE sks