Disposed

Rajasekhara Nair @ Jayan v. the Principal

Kerala HC28 Nov 2012OP (MAC)/4022/2012

Case brief

AI extract

What is this about?

This petition sought a direction to the Motor Accidents Claims Tribunal, Thiruvananthapuram to dispose expeditiously of the pending claim petition O.P.(MV).No.554/2007 filed by the petitioner. The court directed the Tribunal to dispose of the matter within four months.

What did the court decide?

Direction to the Motor Accidents Claims Tribunal, Thiruvananthapuram to dispose of O.P.(MV).No.554/2007 within four months.

Rajasekhara Nair @ Jayan Vs the Principal — Motor Accident Claims | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

¶4

WEDNESDAY, THE 28TH DAY OF NOVEMBER 2012/7TH AGRAHAYANA 1934

¶5

OP (MACT).No. 4022 of 2012 --------------------------OPMV.554/2007 of MOTOR ACCIDENTS CLAIMS TRIBUNAL ,TRIVANDRUM

¶6

PETITIONER/CLAIMANT:

¶7

RAJASEKHARAN NAIR @ JAYAN, AGED 39 YEARS, S/O. THE LATE RAJENDERAN NAIR, MADHAVA BHAVAN, KARIPOOR P.O., VITHURA THIRUVANANTHAPURAM DISTRICT.

¶8

BY ADV. SRI.R.NIKHIL

¶9

RESPONDENT(S)/RESPONDENTS:

¶10

1. THE PRINCIPAL, ALL SIANTS ENGLISH MEDIUM SCHOOL, VITHURA, THIRUVANANTHAPURAM DISTRICT-695551.

¶11

2. SUJI B. NAIR,

¶12

S/O. THE BHASKARA PILLAI, PLAVIL PUTHEN VEEDU, THENNOOR VILLAGE, ANAD DESOM, NEDUMANGAD TALUK-695541.

¶13

3. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTARATHIL BUILDING, PALAYAM, THIRUVANANTHAPURAM-695001.

¶14

4. VINEETH,

¶15

S/O. VISWAMBHARAN, VIPIN NIVAS, ROADARIKATHU VEEDU, CHENNANPARA, VITHURA, THIRUVANANTHAPURAM DISTRICT-695551.

¶16

5. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, SOUNDARYA BUILDING, M.G.ROAD, THIRUVANANTHAUPRAM-695001.

¶17

R3 BY SRI.ZIYAD RAHMAN,SC R5 BY SRI.M.A.GEORGE,SC

¶18

THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 28-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

¶20

OP (MACT).No. 4022 of 2012

¶21

APPENDIX

¶22

PETITIONER(S) EXHIBITS:

¶23

EXHIBIT P1: A TRUE COPY OF THE CLAIM PETITION NUMBERED AS O.P.(MV) NO. 554/07 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.

¶24

EXHIBIT P2: A TRUE COPY OF THE DISABILITY CERTIFICATE DT. 23-12-2011.

¶25

RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

HARUN-UL-RASHID,J.

¶30

O.P.(MAC).NO. 4022 OF 2012

¶31

DATED THIS THE 28TH DAY OF NOVEMBER, 2012

¶32

JUDGMENT

¶33

Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 3 and 5.

¶34

The original petition is filed seeking a direction to the

¶35

Motor Accidents Claims Tribunal, Thiruvananthapuram to consider and dispose of Ext.P1 claim petition numbered as O.P.(MV).No.554/2007 as expeditiously as possible, at any rate within a time frame to be fixed by this Court.

¶36

Petitioner is a claimant in O.P.(MV).No.554/2007 pending before the Motor Accidents Claims Tribunal, Thiruvananthapuram. It is submitted that pleadings are complete in the claim petition and it is ripe for trial, that he is the sole bread winner of his family and that he has lost his employment as he is unable to continue his avocation on account of the disabilities sustained by him in the accident. It is further submitted that his family is virtually put to

¶37

-2-

¶38

O.P.(MAC).No.4022/2012

¶39

starvation and that huge liabilities are incurred from various persons for meeting the expenses for his prolonged treatment and that the creditors are demanding the petitioner and his family members to pay off the liabilities.

¶40

Considering the submission made by the petitioner and considering the fact that Ext.P1 claim petition is pending for the last five years, there will be a direction to the Motor Accidents Claims Tribunal, Thiruvananthapuram to consider and dispose of Ext.P1 claim petition as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this judgment.

¶41

Original Petition is disposed of as above.

¶42

HARUN-UL-RASHID, JUDGE.

¶43

kcv.

Rajasekhara Nair @ Jayan v. the Principal

Case brief

What is this about?

What did the court decide?

Rajasekhara Nair @ Jayan v. the Principal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tom Thomas Vs Assistant Provident Fund Commissioner

S.K.Joseph Vs S.K.Ittoop and Others

Ramesh v. Vs the Registrar of Co-Operative Societies

Federal Bank Ltd. Vs E.P.Abraham

Federal Bank Ltd. Vs Padmanabhan

Federal Bank Ltd. Vs K.E. Thomas