Allowed

Dr.Padmanabhan.K v. Sudheer K.P

Kerala HC13 Dec 2012OP (MAC)/4341/2012

Case brief

AI extract

What is this about?

High Court disposed of a writ petition filed by a claimant aggrieved by the persistent delay of the Motor Accidents Claims Tribunal in disposing of his application to restore his original petition after initial dismissal for non-appearance of counsel.

What did the court decide?

Directed the Motor Accidents Claims Tribunal, Thalassery (Additional) to consider and dispose of Ext.P2 application within two months from the date of receipt of a copy of this judgment.

Dr.Padmanabhan.K Vs Sudheer K.P — Motor Accident Claims | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934

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OP (MACT).No. 4341 of 2012 (O) -----------------------------OPMV.264/2005 of M.A.C.T., THALASSERY

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PETITIONER:

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DR.PADMANABHAN.K, S/O.LATE V.K.RAGHAVA PODUVAL, AGED 53 YEARS, KAKKOPRATH HOUSE RAMANTHALI P.O.KANNUR - 670308. BY ADV. DR.K.P.PRADEEP

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RESPONDENTS:

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SUDHEER K.P, SON OF VIJAYAN, AGED 37 YEARS, KOZHIPPARAMBATH HOUSE, PERUVAYAL AMSOM CHERUKULATHURP.O.CHERUKULATHOOR KOZHIKODE PIN - 673 012.

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THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD, THRIPURI BUILDINGS, EAST NADAKKAVU KOZHIKODE - 673 011.

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R2 BY SANDING COUNSEL SRI ZIYAD RAHMAN A.A.

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THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 13-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(MAC).NO.4341/2012

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APPENDIX

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PETITIONER'S EXTS:

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EXT.P1 TRUE COPY OF THE PETITION O.P.(MV).NO.264/2005 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY (ADDL.), KANNUR.

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EXT.P1 TRUE COPY OF THE PETITION I.A.NO.4272/2008 IN O.P.(MV). NO.264/2005 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY (ADDL.), KANNUR.

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EXT.P3 TRUE COPY OF THE PROCEEDING SHEET IN IN I.A.NO.4272/2008 O.P.(MV).NO.264/2005 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY (ADDL.), KANNUR.

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RESPONDENTS' EXTS: NIL.

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TRUE COPY

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P.S. TO JUDGE

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HARUN-UL-RASHID,J.

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O.P.(MAC).NO.4341 OF 2012

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DATED THIS THE 13TH DAY OF DECEMBER, 2012

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JUDGMENT

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Standing Counsel takes notice for the 2^nd respondent. Notice to the lst respondent is dispensed with.

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Original Petition is filed seeking a direction directing the

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Moor Accidents Claims Tribunal, Thalassery (Additional) to pass appropriate orders on Ext.P2 application, I.A.No.4272/2008 in OP (MV).No.264/2005 on its file at an early date.

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Petitioner is the claimant in O.P.(MV).No.264/2005. On 19/7/2008 the original petition was dismissed by the Motor Accidents Claims Tribunal on the ground of non-appearance of the counsel for the claimant. Petitioner submitted Ext.P2 application (I.A.No.4272/2008) to restore Ext.P1 original petition. The grievance of the petitioner is that Ext.P2 application is pending before the Tribunal for the last more than four years. It is submitted that the delay in disposing Ext.P2 application is causing severe hardship to the petitioner.

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-2-

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O.P.(MAC).No.4341/2012

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In the circumstances, the writ petition is disposed of directing the Motor Accidents Claims Tribunal, Thalassery (Additional) to consider and dispose of Ext.P2 application within a period of two months from the date of receipt of a copy of this judgment.

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HARUN-UL-RASHID, JUDGE.

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kcv.

Dr.Padmanabhan.K v. Sudheer K.P

Case brief

What is this about?

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Dr.Padmanabhan.K v. Sudheer K.P

Case brief

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