The High Court at Ernakulam, while hearing an original petition under Article 227 of the Constitution, directed the Motor Accident Claims Tribunal, Pathanamthitta, to consider and dispose of two pending applications within two months.
The Motor Accident Claims Tribunal, Pathanamthitta is directed to consider and pass an order on I.A No.1/2023 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 DINESH KUMAR SINGH
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945
OP (MAC) NO. 133 OF 2023
AGAINST THE ORDER/JUDGMENT OPMV 1598/2014 OF ADDITIONAL DISTRICT
COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA / I ADDL.
M.A.C.T.
ORIGINAL PETITIONER/PETITIONER:
RENUKA
AGED 53 YEARS
W/O CHANDRA BABU, RESIDING AT ARAMAM HOUSE, CHEERKUNNAM
MURI, ANAYADI P.O, PALLIKKAL VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 690561
BY ADV A.JANI(KOLLAM)
RESPONDENTS:
1ARUN THOMAS VARGHESE,
AGED ABOUT 50 YEARS, S/O VARGHESE THOMAS, RESIDING AT
NADUVELIL HOUS, KEEZHUKARA, KOZHENCHERY P.O,
PATHANAMTHITTA DISTRICT, PIN - 689641
2VARGHESE THOMAS,
AGED ABOUT 48 YEARS, S/O THOMAS KUTTY, RESIDING AT
NADUVELIL HOUS, KEEZHUKARA, KOZHENCHERY P.O,
PATHANAMTHITTA DISTRICT, PIN - 689641
3 THE MANAGER, ORIENTAL INSURANCE CO LTD, BRANCH OFFICE, S.A. ROAD, KADAVANTHARA, ERNAKULAM DISTRICT,, PIN - 6820204 FUTURE GENERALI INDIA INSURANCE CO. LTD S.A ROAD, KADAVANTHARA, COCHIN ERNAKULAM DISTRICT REPRESENTED BY ITS MANAGER., PIN - 682020THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.11.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC) No.133 of 2023
2
JUDGMENT
Dated this the 7th day of November, 2023
The Original Petition has been filed under Article 227 of the Constitution of India seeking the following reliefs:
2. Learned counsel for the petitioner submits
that, this Court may direct the Motor Accident Claims Tribunal, Pathanamthitta to consider and
OP(MAC) No.133 of 2023
3
pass necessary order on I.A No.1/2023 in OP(MV) No.1598/2014 expeditiously.
Considering the aforesaid prayer, the present Original Petition is disposed of, with a direction to the Motor Accident Claims Tribunal, Pathanamthitta to consider and pass order on I.A No.1/2023 in accordance with law, preferable within a period of two months.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
OP(MAC) No.133 of 2023
4
APPENDIX OF OP (MAC) 133/2023
PETITIONER EXHI |
BITS |
|---|---|
Exhibit P1 |
A TRUE EMORANDUM OF OP (MV) NO. 1598 OF2014, PENDING BEFORE THE MOTOR ACCIDENTSCLAIMS TRIBUNAL, PATHANAMTHITTA. |
Exhibit P2 |
A TRUE COPY OF CERTIFICATE OF DISABILITYISSUED BY THE GENERAL HOSPITAL,PATHANAMTHITTA, SUBSTANTIATES THE PATHETICPLIGHT OF THE PETITIONER, |
Exhibit P3 |
A TRUE COPY OF THE WRITTEN STATEMENT IN OP(MV) NO. 1598 OF 2014, PENDING BEFORE THEMOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA |
Exhibit P4 |
A TRUE COPY OF WRITTEN STATEMENT FIOLED BYTHE 4TH RESPONDENT IN OP (MV) NO. 1598 OF2014, PENDING BEFORE THE MOTOR ACCIDENTSCLAIMS TRIBUNAL, PATHANAMTHITTA |
Exhibit P5 |
A TRUE COPY OF ORDER DATED 22/03/2019 IN OP(MV) NO. 1598 OF 2014, PENDING BEFORE THEMOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA |
Exhibit P6 |
A TRUE COPY OF PETITION FILED BY THEPETITIONER IN IA NO 1/2023 IN BEFORE THEMOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA |
Exhibit P7 |
A TRUE COPY OF REVIEW PETITION FILED BY THEPETITIONER IN RP: NO 28/2023 BEFORE THEMOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA |
2 issues framed by the court
Whether the Motor Accident Claims Tribunal, Pathanamthitta, should be directed to dispose of the pending applications I.A No.1 of 2023 and R.P No.28 of 2023 expeditiously.
Whether the petitioner should be granted relief for the cost of the proceedings.
3 provisions across 2 enactments
RENKA
ARUN THOMAS VARGHESE
VARGHESE THOMAS
THE MANAGER, ORIENTAL INSURANCE CO LTD
FUTURE GENERALI INDIA INSURANCE CO. LTD
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court