Allowed

Ummer Pathiri v. Jantis N. Jose

Kerala HC3 Mar 2021OP (MAC)/27/2021

Case brief

AI extract

What is this about?

This single-judge order grants relief to an unconscious petitioner in an O.P(MAC) regarding a motor accident claim pending since 2018. The High Court of Kerala directed the MACT at Manjeri to dispose of the claim within six months after obtaining a disability certificate.

What did the court decide?

The Court directed the Motor Accident Claims Tribunal, Manjeri to dispose of O.P(M.V).No. 1013 of 2018 within six months of receipt of this judgment copy.

Ummer Pathiri Vs Jantis N. Jose — Motor Accident Claims | Kerala HC (2021)

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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 SUNIL THOMAS

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

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OP (MAC).No.27 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OPMV 1013/2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI

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PETITIONER:

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UMMER PATHIRI S/O. KUNHALAN, KAKKODI HOUSE, ERNAD TALUK, ARAVANKARA, POOKKOTTUR, MALAPPURAM DISTRICT, AS THE PETITIONER IS UNCONSCIOUS, HE IS REPRESENTED BY HIS LEGALLY WEDDED WIFE SAJITH, AGED 42 YEARS, KAKKODI HOUSE,ERNAD TALUK, ARAVANKARA, POOKKOTTUR, MALAPPURAM DISTRICT

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BY ADV. SRI.K.RAKESH

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RESPONDENTS:

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1 JANTIS N. JOSE, S/O. JOSE, NELLITHANATH HOUSE, THETTAMAL, VELLMUNDA .O., MANANTHAVADI, WAYNAD DISTRICT,PIN-670 731

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2 ASHIK, S/O.JABBAR, KATTUMPURAMVELI, VANDANAM P.O., PUNNAPRA, ALAPPUZHA DISTRICT,PIN-688 005

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3 RESHMI AJAGOPALAN NAIR (GESTIN) PUTHUSSERIL THEKKETHIL HOUSE, KAITH SOUTH, MAVELIKKARA, CHETTIKULANGARA, ALAPPUZHA DISTRICT,PIN690 106

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4 ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, RAJESWARI COMPLEX, PERUNNAI, CHANGANCHERI, KOTTAYAM DISTRICT,PIN-686 102, REPRESENTED BY BRANCH MANAGER

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OTHER PRESENT:

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SC SMT.K.S SANTHI

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P(MAC).No.27/2021

JUDGMENT

Petitioner herein is the applicant in O.P(M.V).No.1013 of 2018 of Motor Accident Claims Tribunal, Manjeri. The claim arose out of injuries sustained in a road transport accident, in which, petitioner was hit by a car. He allegedly sustained grievous injuries and was bedridden. On behalf of him, his wife has filed an application representing him. Grievance of the petitioner is that, though Original Petition was filed in 2018, matter has not been disposed of inspite of considerable delay. According to the learned counsel, disability certificate of the petitioner from the Medical Board has also to be obtained. Hence, the limited prayer sought in the Writ Petition is for a direction to the court below for an expeditious disposal of the above O.P(M.V).No. 1013 of 2018, after obtaining the disability certificate of the petitioner from the Medical Board.

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Having considered the grievance set up by the petitioner, I am inclined to dispose of the Original Petition, after hearing the learned Standing Counsel for the Insurance Company, by directing the MACT, Manjeri to take up O.P(M.V).No. 1013 of 2018 as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. It was submitted by the learned

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O.P(MAC).No.27/2021

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counsel for the petitioner that, service is completed on the respondents.

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Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

O.P(MAC).No.27/2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS OP(MV) NO.1013/2018 BEFORE THE M.A.C.T., MANJERI DATED 27.10.2018

Ummer Pathiri v. Jantis N. Jose

Case brief

What is this about?

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Ummer Pathiri v. Jantis N. Jose

Case brief

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