The Kerala High Court, in OP. (MAC) No.8 of 2022, directed the Motor Accident Claims Tribunal at Attingal to advance the posting of the pending claim application and ensure its trial and disposal on or before 30.06.2022.
Directs the Tribunal to advance the posting of the case and try and dispose of the OP(MV) on or before 30.06.2022.
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 SATHISH NINAN
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
OP (MAC) NO. 8 OF 2022
OPMV 1142/2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
PETITIONER/FIRST APPLICANT IN THE ORIGINAL CLAIM APPLICATION:
ROHINI AGED 30 YEARS W/O. ANIL ROHINI BHAVAN, NEERUVILA, MANAPOOR, MANAMPOOR P.O., THIRUVANANTHAPURAM DISTRICT,PIN-680 563
BY ADVS. RINU. S. ASWAN B.ARUN BABU
RESPONDENT/RESPONDENTS AND APPLICANTS 2 TO 4 IN THE ORIGINAL CLAIM
APPLICATION:
1 RADHAKRISHNAN NAIR S/O. PARAMESWARAN PILLAI, AMAR MATERNITY AND FERTILITY CENTRE, KACHERY JUNCTION, ATTIGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695 101
2 AMOD R.NAIR, S/O. RADHAKRISHNA NAIR, JAY MANDIRM, TEMPLE ROAD, VARKAKALA, THIRUVANANTHAPURAM DISTRICT,PIN-695 0141
3 M/S. HDFC ERGO GENERLA INSURANCE CL.LTD., REP BY ITS MANAGER, ADULYA BUILDING, CHUNNAMBUTHARA, PALAKKAD DISTRICT, PIN-678 012, HAVING ITS BRANCH OFFICE ON THE 2ND FLOOR, CHICAGO PLAZA, RAJAJI ROAD , NEAR KSRTC BUS STAND, COCHIN,PIN-682 004 4 ADITHYA (MINOR), AGED 11 YEARS, REP. BY HER NEXT FRIEND AND GUARDIAN, SMT.ROHINI NOW R/A ROHINI BHAVAN, NEERUVILA, MANAMPOOR, MANAMPOOR PO, THIRUVANANTHAPURAM, PIN – 680563. 5 AHALYA (MINOR), AGED 9 YEARS, REP. BY HER NEXT FRIEND AND GUARDIAN SMT.ROHINI NOW R/A ROHINI BHAVAN, NEERUVILA, MANAMPOOR, MANAMPOOR PO, THIRUVANANTHAPURAM, PIN 680563.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = O.P. (MAC) No.8 of 2022
= = = = = = = = = = = = = = = = = = Dated this the 16th day of February, 2022
J U D G M E N T
Petitioner is the claimant in OP(MV) No.1142/2019 pending on the files of the MACT, Attingal. The petitioner seeks for a direction for an expeditious consideration of the same by the Tribunal.
shall advance the posting of the case with notice to both sides, and make every endeavour to have the OP(MV)
O.P. (MAC) No.8 of 2022
-: 2 :-
tried and disposed of on or before 30.06.2022.
Original petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF OP (MAC) 8/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CLAIM APPLICATION IN OP (MV) NO.1142 OF 2019 ON THE FILE OF HON'BLE M.ACT, ATTINGAL DATED 18.09.2019 Exhibit P2 A TRUE COPY OF FIR IN CR.NO0235 OF 2019 OF KALLAMBALAM POLICE STATION DATED 18.02.2019 Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 1 TO 2 IN OP (MV) NO.1142 OF 2019 ON THE FILES OF HON'BLE M.A.C.T. ATTINGAL DATED 12.11.2020 Exhibit P4 A TRUE COPY OF CASE PROCEEDINGS IN OP (MV) NO.1142 OF 2019 ON THE FILES OF HON'BLE M.A.C.T. ATTINGAL DATED NIL
2 issues framed by the court
Whether the proceedings in the pending motor accident claim application be expedited and disposed of within a specific timeframe.
Whether the impugned order of posting delay should be challenged and the case adjourned for trial and disposal.
ROHINI
RADHAKRISHNAN NAIR
AMOD R.NAIR
M/S. HDFC ERGO GENERAL INSURANCE CL.LTD.
JOINT MEDICAL BOARD ORDERS
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
