This petition addressed the delay in obtaining the award from the Motor Accidents Claims Tribunal. The court directed the Tribunal to expedite execution proceedings within two months.
Directed the Motor Accidents Claims Tribunal to expedite proceedings and take the matter to its logical conclusion within two months.
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 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942
OP (MAC).No.75 OF 2020
OP(MV) 51/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA
PETITIONERS:
1 VALSAMMA MATHEW, AGED 58 YEARS, W/O. LATE A.V. MATHAIKUTTY, ABRATHIL HOUSE, KOZHIMALA P.O, VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
2 SONY MATHEW, AGED 31 YEARS, D/O. LATE A.V. MATHAIKUTTY, ABRATHIL HOUSE, KOZHIMALA P.O, VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
3 SIJU MATHEW, AGED 29 YEARS, S/O. LATE A.V. MATHAIKUTTY, ABRATHIL HOUSE, KOZHIMALA P.O, VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS
RESPONDENT:
NEW INDIA ASSURANCE COMPANY LTD REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVALLA-689 101
SRI ZIYAD RAHMAN, SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.75 OF 2020 2
JUDGMENT
Being aggrieved by the delay in obtaining the amount awarded to the petitioners in O.P. (M.V.) No.51 of 2007 on the files of the Motor Accidents Claims Tribunal, Pathanamthitta, the petitioners are before this Court. Their prayer in this writ petition is for an expeditious consideration of the Execution Petition filed by them before the Tribunal.
counsel appearing for the petitioners, I direct the Tribunal to expedite the proceedings and take the matter to its logical conclusions within a period of two months from the date of receipt of a copy of this judgment.
O.P.(MAC) is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
OP (MAC).No.75 OF 2020 3
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR COMPENSATION IN OP(MV)NO. 51/2017 DATED 16.01.2007 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA. EXHIBIT P2 TRUE COPY OF THE AWARD OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA DATED 29.08.2013 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN MACA NO. 291/2014 DATED 06.08.2019. EXHIBIT P4 TRUE COPY OF THE EXECUTIION PETITION E.P. NO. 70/2020 IN O.P.(MV)51/2007 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA DATED 03.06.2020.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
1 provisions across 1 enactments
Valsamma Mathew and Ors.
New India Assurance Company Ltd
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
