Disposed

Parameswaran Nair v. Gireesh Kumar@Kannan

Kerala HC23 Nov 2018OP (MAC)/132/2018

Case brief

AI extract

What is this about?

This writ petition under Article 226 sought a direction for the Motor Accidents Claims Tribunal to finally dispose of a pending claim petition within a fixed time. The court, relying on a tribunal report showing significant delay, directed disposal within two months from 11.12.2018.

What did the court decide?

Directed the Motor Accidents Claims Tribunal to finally dispose of O.P.(M.V.)No.665 of 2014 within two months from 11.12.2018.

Parameswaran Nair Vs Gireesh Kumar@Kannan — Motor Accident Claims | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940

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OP (MAC).No. 132 of 2018

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OPMV 665/2014 of M.A.C.T.,NEYYATTINKARA

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PETITIONER/S:

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PARAMESWARAN NAIR AGED 83 YEARS S/O KESAVAPILLA, RESIDING AT ANJALI HOUSE, NANNAM KUZHI, PAYATTUVILA P.O, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM - 695501

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BY ADVS. SRI.N.S.JAYAKRISHNAN SRI.S.JUSTUS

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RESPONDENT/S:

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GIREESH KUMAR@KANNAN S/O RAJENDRAN, RESIDING AT KALANCHANI MELE PUTHEN VEEDU, KOYIKKAL KUZHI, PALLICHAL, PALLICHAL VILLAGE, THIRUVANANTHAPURAM - 695020

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 23.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (MAC).No. 132 of 2018

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JUDGMENT

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The petitioner, who is the claimant in O.P.

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(M.V.)No.665 of 2014 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara, has filed this original petition under Article 227

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of the Constitution of India, seeking an order

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directing the Tribunal to finally dispose of the said claim petition within a time frame to be fixed by this Court.

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On 05.11.2018, when this original

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petition came up for admission, the Registry was

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directed to get a report from the Motor

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Accidents Claims Tribunal, Neyyattinkara as to the present status of O.P.(M.V.)No.665 of 2014 and also the time limit required for its final disposal.

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Pursuant to the above order, a report

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dated 12.11.2018 has been received from the

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Motor Accidents Claims Tribunal, Neyyattinkara, which reads thus:

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OP (MAC).No. 132 of 2018

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“The claim petition, OP(MV)665/14, has been filed by the claimant, Parameswaran Nair, claiming compensation for the injuries allegedly sustained by him in a road traffic accident. The respondent entered appearance and filed vakalath. He did not choose to file written statement till date. Therefore, the case stands posted for evidence on 16.06.18. On 16.06.18, the case was notified to 04.08.18 as no sitting. On 04.08.18, when this Tribunal considered five plus year old matter, this case stands notified to 11.12.18. The claimant has not produced any document till date. If the documents are produced on or before 11.12.18 it can be disposed within two months from 11.12.18.”

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Heard the learned counsel for the

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petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

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The report dated 12.11.2018 received from

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the Tribunal would show that though the respondent entered appearance and filed vakalath, he did not choose to file written statement. Thereafter, the claim petition was

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posted to 16.06.2018 for evidence, which now

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stands adjourned to 11.12.2018 for further

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OP (MAC).No. 132 of 2018

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consideration. As per the report, the claimant

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has not produced any documents in support of the claim.

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During the course of arguments, the

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learned counsel for the petitioner would submit that the petitioner, who is the claimant in

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O.P.(M.V.).No.665 of 2014, shall produce the

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supporting documents before the Tribunal within three weeks from this date. The said submission is recorded.

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Having considered the submissions made by the learned counsel for the petitioner and taking note of the report of the Tribunal dated 12.11.2018, this original petition is disposed

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of by directing the Tribunal to finally dispose of O.P.(M.V.)No.665 of 2014 within two months from 11.12.2018, as stated in the report dated 12.11.2018.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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OP (MAC).No. 132 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ABOVE SAID O.P. (MV) NO. 665/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA. EXHIBIT P2 TRUE COPY OF THE TREATMENT CERTIFICATE OF ANANTHAPURI HOSPITAL. EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 02.04.2014 OF SUSTRUTHA PANCHAKARMA HOSPITAL EXHIBIT P4 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 16.6.1998 OF MADARAS MEDICAL MISSION HOSPITAL EXHIBIT P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20.10.2015 OF THE WIFE OF THE PETITIONER.

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AV/24/11

Parameswaran Nair v. Gireesh Kumar@Kannan

Case brief

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Parameswaran Nair v. Gireesh Kumar@Kannan

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