This writ petition sought a direction for the Motor Accident Claims Tribunal to dispose of pending applications (Ex-P9 to P11) within a prescribed timeframe. The High Court recorded the Tribunal's report and issued an order for disposal within two weeks.
Directed that Ex-P9 to P11 applications be disposed of within two weeks from the date of the order if pending.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
OP (MAC).No.35 OF 2020
I.A.NO.12470/2018 IN OPMV 1032/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM
PETITIONERS/PETITIONERS IN I.A.:
1 SHAFEEK, AGED 38 YEARS, S/O.ABOOBAKER, AB TRADING CO., STATE HOTEL BUILDING, CHAVARA BRIDGE, CHAVARA, KOLLAM DISTRICT.
2 ANSHAD, AGED 30 YEARS, S/O.MOHAMMED BASHEER, ILLATHU KIZHAKKAHIL, ERUVA MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA.
BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE SMT.RENI JAMES
RESPONDENTS/RESPONDENTS 1 & 2 AND 4 & 5 IN I.A.:
OP (MAC).No.35 OF 2020 2
4 THE MANAGER, NATIONAL INSURANCE COMPANY LTD., KALLINGALTHARA BUILDINGS, GENERAL HOSPITAL ROAD, PATHANAMTHITTA, PIN -689 645.
R4 BY ADV. SRI.N.S.NAJEEB R4 BY SRI LAL GEORGE, SC, NATIONAL INSURANCE COMPANY LTD.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.35 OF 2020 3
JUDGMENT
~~~~~~~~
This original petition is filed seeking a direction to the Motor Accident Claims Tribunal, Thiruvananthapuram to dispose of Exhibit-P9 to Exhibit-P11 applications filed by the petitioners in O.P.(MV) No.1032 of 2012 within a time frame.
before this Court. In report dated 18.03.2020, the Tribunal has stated that the applications can be disposed of within a period of 3 months.
learned counsel appearing for the petitioners submitted that those applications are posted for orders on 23.09.2020.
This original petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/18.09.2020
OP (MAC).No.35 OF 2020 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF O.P.(MV) NO.1032/2012 ON THE FILE OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT IN O.P.(MV) NO.1032/2012 ON THE FILE OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN O.P.(MV) NO.1032/2012 ON THE FILES OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN O.P.(MV) NO.1032/2012 ON THE FILES OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT IN O.P.(MV) NO.1032/2012 ON THE FILE OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE I.A.NO.6066/17 IN O.P. (MV) 1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM ALONG DOCUMENT SCHEDULE AND DOCUMENTS MENTIONED IN THE DOCUMENT SCHEDULE.
EXHIBIT P7 TRUE COPY OF I.A.NO.570/2018 IN O.P.(MV) 1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM ALONG DOCUMENT SCHEDULE AND DOCUMENT MENTIONED IN THE DOCUMENT SCHEDULE.
EXHIBIT P8 TRUE COPY OF THE AWARD DATED 31/10/2018 IN O.P. (MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
OP (MAC).No.35 OF 2020 5
| EXHIBIT P9 TRUE COPY OF I.A.NO.12470/2018 IN O.P. (MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. |
|---|
| EXHIBIT P10 TRUE COPY OF THE I.A.NO.12471/2018 IN O.P.(MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. |
| EXHIBIT P11 TRUE COPY OF I.A.NO.12472/2018 IN O.P. (MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. |
| EXHIBIT P12 TRUE COPY OF OBJECTION FILED IN I.A.NO.12470/2018 IN O.P.(MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. |
| EXHIBIT P13 TRUE COPY OF OBJECTION TO I.A.NO.12472/2018 IN O.P.(MV) NO.1032/2012 OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. |
| RESPONDENT'S/S EXHIBITS: |
//TRUE COPY// P.A.TO JUDGE
1 issue framed by the court
Whether the High Court should direct the Motor Accident Claims Tribunal to dispose of specific applications within a set time frame.
ShaEEK
Anshad
Anu Divakar
Ajay Divakar
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
