Disposed

Ajeesh v. Vibitha Varghese

Kerala HC9 Sept 2020OP (MAC)/60/2020

Case brief

AI extract

What is this about?

Petitioner seeks directions to expedite disposal of his motor accident claim petition pending before the Tribunal due to disability and inordinate delay. Court notes severe pendency, fixes a 12-month timeline for disposal without issuing general procedural directions.

What did the court decide?

Direction to the Tribunal to take up and dispose of the claim petition preferably within a period of 12 months from today.

Ajeesh Vs Vibitha Varghese — Motor Accident Claims | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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OP (MAC).No.60 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OPMV 761/2016 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , TRISSUR

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PETITIONER:

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AJEESH,

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AGED 40 YEARS, S/O. RAMAKRISHNAN, THEMMANAL (H), KARUVANKADU, KUNDUKAD P.O., THRISSUR-680 028

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BY ADV. SRI.BIJU.P.N.

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RESPONDENTS:

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1 VIBITHA VARGHESE, AGED 40 YEARS, D/O.VARGHESE, THALIYATH (H) THANIKUDAM, KURUCHIKKARA P.O., THRISSUR DIST (OWNER OF KL-8-AS-36 BUS)

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2 BILLY, AGED 32 YEARS, S/O.KURIAKOSE, MARAKARIYIL HOUSE, CHENNIKKARA, PULLAMKANDAM, KATTILAPUVAM KUNDUKAD P.O., THRISSUR DIST (DRIER OF KL-8-AS-36 BUS)

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3 THE NEW ASSURANCE CO LTD., THRISSUR BRANCH, THRISSUR, (INSURER OF KL-8-AS-36 BUS)

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4 RAMYA, AGED 28 YEARS, W/O. AJEESH, THEMMANAL HOUSE, KARUVANKADU, KUNDUKAD P.O., THRISSUR DIST (OWNER OF KL-46-D-4220 TIPPER LORRY) 680 028

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5 THE NEW ASSURANCE CO LTD., S.S.SHOPPING COMPLEX, TEMPLE ROAD, NATTIKA P.O., TRIPAYAR, THRISSUR DIST (INSURER OF KL-46-D-4220 TIPPER LORRY)

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SRI A.A ZIYAD RAHMAN, SC

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No.60 OF 2020

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JUDGMENT

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O.P.(M.V) No.761 of 2016 was filed by the petitioner before the Motor Accident Claims Tribunal, Thrissur claiming compensation consequent to injuries suffered by him in a motor accident. The claim petition was filed in the year 2016. The grievance of the petitioner concerns the inordinate delay in disposing of the petition. His prayer in this petition is for a direction to the Tribunal to expedite the proceedings and take the matter to its logical conclusion as expeditiously as possible.

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I have heard Sri P.N.Biju, the learned counsel appearing for the petitioner, who submitted that the condition of the petitioner is pathetic and as he had suffered a disability of about 40%, he is unable to take up any avocation. He submits that his family members are depending on him.

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A report was called for from the Tribunal. It is stated that more than 10,000 cases are pending before the Tribunal out of which 1500 are old

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cases instituted prior to the year 2014. It is also seen from the report that the cases instituted in the year 2015 will be taken up for disposal only after May 2021.

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OP (MAC).No.60 OF 2020

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Having considered the submissions, I do not think it would be

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proper for this Court to issue directions to expedite the proceedings as petitions instituted much earlier are pending consideration of the Tribunal. As the Tribunal has reported that the cases with relative pendency as the one filed by the petitioner can be taken up for disposal in the month of May 2021, I dispose of this petition with a direction to the Tribunal to take up and dispose of the claim petition preferably within a period of 12 months from today.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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OP (MAC).No.60 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OP(MV) NO.761/2016 PENDING BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL THRISSUR

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RESPONDENTS EXHIBITS:NIL

Ajeesh v. Vibitha Varghese

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Ajeesh v. Vibitha Varghese

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