The High Court disposed of an original petition under Article 227. The court directed the Tribunal to fix a timeline for impleading the deceased claimant's legal heirs and dispose of pending within applications within three months.
Directing Tribunal to implead legal heirs of deceased claimant and dispose of pending applications within three months of impleadment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941
OP (MAC).No.36 OF 2019
AGAINST THE ORDER IN OPMV 2540/2004 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL ,THRISSUR
PETITIONER:
SURESH KUMAR,
S/O.MADHAVANKUTTY, KUNNATHULLY HOUSE, ARTHAT, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680521.
BY ADVS. SRI.DINESH MATHEW J.MURICKEN SRI.K.VISWANATHAN
RESPONDENTS:
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ADDL.R5 TO R12 BEING THE LEGAL HEIRS OF DECEASED R1 ARE IMPLEADED AS PER ORDER DATED 25.07.2019 IN I.A.NO.1 OF 2019.
BY ADV. SRI.LAL GEORGE SRI. K.P.HARISH, SR.GP
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 01.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this original petition under Article
227 of the Constitution of India, seeking an order directing the
Motor Accidents Claims Tribunal, Thrissur to dispose of I.A.No.2876 of 2019 and I.A.No.2877 of 2019 in O.P. (MV)No.2540 of 2004. The further relief sought for is an order directing the Tribunal to keep in abeyance the execution of the award in O.P.(MV)No.2540 of 2004 till the disposal of I.A.No.2876 of 2019 and I.A.No.2877 of 2019 in O.P. (MV)No.2540 of 2004.
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proportionate costs. On a finding that, at the time of accident, the 2nd respondent herein driven was not holding a valid driving licence, the 3rd respondent Insurer was exonerated from the liability to indemnify the petitioner and the 2nd respondent driven and they were held jointly and severally liable to compensate the claimant.
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impleaded as additional respondents 5 to 12, by the order dated 25.07.2019 in I.A.No.1 of 2019. Despite service of notice none appears for additional respondents 5 to 12
(i) The petitioner shall file applications before the Tribunal, seeking an order to implead the legal heirs of the deceased 1st respondent in I.A.Nos.2876 of 2019 and 2877 of 2019 in O.P.(MV)No.2540 of 2004. Such applications shall be filed within two weeks from the
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date of receipt of a certified copy of this judgment.
(ii) The Tribunal shall consider those applications with notice to the legal heirs of the deceased claimant and thereof dispose of I.A.Nos.2876 of 2019 and 2877 of 2019 in O.P.(MV)No.2540 of 2004, as expeditiously as possible, at any rate, within a period of three months from the date on which the legal heirs of the deceased claimant are impleaded as additional respondents in I.A.Nos.2876 of 2019 and 2877 of 2019 in O.P.(MV)No.2540 of 2004.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD IN O.P. (MV)NO.2540/2004 PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 13.7.2010. EXHIBIT P2 TRUE COPY OF I.A.NO.2876/2019 IN O.P. (MV)NO.2540/2004 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 15.3.2019. EXHIBIT P3 TRUE COPY OF I.A.NO.2877/2019 IN O.P. (MV)NO.2540/2004 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 15.3.2019.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the High Court should issue directions to the Motor Accidents Claims Tribunal to expeditiously dispose of statutory applications including impleadment of legal heirs.
Suresh Kumar
Ravi P.V.
National Insurance Co. Ltd.
The Village Officer, Arthat
Addl. R5 Killikutty and others
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
