Petitioner sought joint trial of two motor accident claims. Court dismissed the petition as infructuous because one of the underlying claims had already been finally disposed of before the petition was filed, rendering the request moot.
The petition seeking joint trial was dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF NOVEMBER 2020/5TH AGRAHAYANA, 1942
OP (MAC).No.71 OF 2020
(OP(MV)No.180/2017 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA AND OP(MV)No.46/2017 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM)
PETITIONER (OP(MV)No.46/2017 AND RESPONDENT No.4 IN OP(MV) No.180/2017:
ALICE THOMAS @ ALICE, AGED 55 YEARS W/O.THOMAS MATHEW, CHETHIPUZHA HOUSE, VELLAYAMKUDY P.O., KATTAPPANA VILLAGE, IDUKKI-PIN-685 515 NOW RESIDING AT CHETHIPUZHA HOUSE, VALAKOM P.O., BATHANIPADY BHAGOM, VALAKOM VILLAGE, ERNAKULAM - 682 316.
BY ADV. SRI.JOSSY KURIAN
RESPONDENTS/RESPONDENTS AND PETITIONER IN OP(MV)No.180/2017:
1 MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM PIN-695 023
2 NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, COLLECTORATE P.O., KOTTAYAM PIN-686 002, REP. BY IT'S DIVISIONAL MANAGER.
3 JACOB N.P. S/O.PAULOSE, NANNUDALIL HOUSE, PALLIKKARA JUNCTION, MORKKALA KARA, KIZHAKKAMBALAM POST, KUNNATHUNADU VILLAGE, ERNAKULAM- 683 582
OP(MAC)No.71/2020
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4 THOMAS MATHEW, S/O.MATHEW, CHETHIPUZHA HOUSE, (NEAR) ASSUMPTION COLLEGE, CHANGANASSERRY POST AND VILLAGE, KOTTAYAM DISTRICT-686 101.
R1 BY SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. R2 BY ADV. SRI.A.A.ZIYAD RAHMAN, SC R1 BY ADV. SRI.LAL K.JOSEPH R3 BY ADV. SRI.ABRAHAM P.GEORGE R3 BY ADV. SMT.M.SANTHY R4 BY ADV. SRI.C.DILIP
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 26.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC)No.71/2020
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J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 26th day of November, 2020
This Original Petition has been filed seeking joint trial of O.P.(MV) No.180/2017 of the Motor Accident Claims Tribunal, Muvattupuzha and O.P.(MV) No.46/2017 of the Motor Accident Claims Tribunal, Kottayam.
25 lakhs. Sri.Thomas Mathew, the father of late Abin Thomas, filed O.P.(MV) No.180/2017 before the Motor Accident Claims Tribunal, Muvattupuzha, claiming a compensation of 30 lakhs.OP(MAC)No.71/2020
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have directed the petitioner in O.P.(MV) No.180/2017 to club the matter together for joint trial and proper adjudication. As the country witnessed nationwide lock down consequent to Covid-19 pandemic, the Tribunal at Muvattupuzha should not have forced the petitioner who is a female, to appear at Muvattupuzha in order to adduce evidence. The petitioner further stated that the father of the deceased abandoned and deserted the deceased and he has no right to file the O.P. (MV). Therefore, the petitioner seeks directions for a joint trial of both the cases in any one of the Tribunal.
OP(MAC)No.71/2020
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even prior to the moving of this original petition, no order can now be passed directing joint trial of the O.Ps.(MV).
This original petition is therefore dismissed as
infructuous.
Sd/-
N. NAGARESH, JUDGE
aks/30.11.2020
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION IN OP(MV) NO.46/2017 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN OP(MV) NO.46/2017 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT IN OP(MV) NO.46/2017 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM.
EXHIBIT P4 TRUE COPY OF THE CLAIM PETITION IN OP(MV) NO.180/2017 ON THE FILES OF THE MACT, MUVATTUPUZHA.
EXHIBIT P5 A COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN OP(MV) NO.180/2017 ON THE FILES OF THE MACT, MUVATTUPUZHA.
1 issue framed by the court
Whether a petition seeking joint trial of two motor accident claim petitions can be considered after one of the petitions has already been finally disposed of.
ALICE THOMAS
MANAGING DIRECTOR, KSRTC
NEW INDIA ASSURANCE COMPANY LTD.
JACOB N.P.
THOMAS MATHEW
N. NAGARESH
As recorded by the court registry
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