This High Court disposed of an application moving for the expeditious disposal of a pending execution petition before the Motor Accidents Claims Tribunal, Neyyattinkara, based on the Tribunal's confirmation of the delay.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE12THDAYOFAPRIL2023/22NDCHAITHRA,1945
OP(MAC)NO.58OF2023
EP NO.179/2022 IN IA NO.3574/2017 IN OP(MV) NO.887/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA
PETITIONERS/DECREE HOLDER/PETITIONER/APPLICANTS:
1 SILUVAKURISU, AGED 70 YEARSS/OSIMASON,MULLASSERI,PALLIVILAKAM,POZHIYOOR,
THIRUVANANTHAPURAMDISTRICT,PIN-695513
2 EPRITHAMMA,AGED 62 YEARS, W/O SILUVAKURISU, MULLASSERI, PALLIVILAKAM, POZHIYOOR, THIRUVANANTHAPURAM, PIN - 695513BYADVM.R.SASITH
RESPONDENTS/JUDGMENT DEBTOR/RESPONDENTS/RESPONDENTS:
1 CHRISTHU DAS, S/O CHELLAPPAN, PALLIVILAKAM, NORTH PARUTHIYOOR CHURCH, KULATHOOR, THIRUVANANTHAPURAM, PIN - 6955832THEBRANCHMANAGER,
NATIONALINSURANCECOLTD,K.KBLDGE.ARISTO
JUNCTION,THAMPANOOR,THIRUVANANTHAPURAM,
PIN-695014
SRITRRENJITH,SRGOVERNMENTPLEADER
THISOP(MAC)HAVINGCOMEUPFORADMISSIONON12.04.2023,THE
COURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
O.P.(MAC) No.58 of 2023
2
JUDGMENT
The petitioners herein are the applicants in EP No.179/2022 in I. A No. 3574/2017 in O.P(MV) No.887 of 2017 on the files of the Motor Accident Claims Tribunal, Neyyattinkara. They have approached this Court seeking the following reliefs:
i) to dispose of EP No.179/2022 in IA 3574/2017 in OP(MV) No.887/2017 on the files of the Hon’ble Motor Accidents Claims Tribunal, Neyyattinkara within a specific time limit in a fast and expeditious manner in the interest of justice.
2. When the matter had come up for consideration on 14.03.2023,
this Court had directed the Registry to get instructions from the Motor Accidents Claims Tribunal, Neyyattinkara, as to the cause for delay in disposing of the Execution Petition.
3. A report has been filed which reads as under:
“The EP No.179/2022 in OP(MV) No.887/2017 was filed on 18/11/2022. Notice in EP served, JD appeared through counsel on 19/12/2022 and Execution Petition is posted for objection to 12/04/2023, since old EPs are pending for disposal. On 12/04/2023, after hearing both sides appropriate order will be passed and the proceedings will be expedited.”
O.P.(MAC) No.58 of 2023
3
In view of the report, this matter is disposed of, directing the Tribunal
to act in terms of the report.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
IAP
O.P.(MAC) No.58 of 2023
4
APPENDIX OF OP (MAC) 58/2023
PETITIONERS’EXHIBITS:
ExhibitP1THETRUECOPYOFTHEORDERPASSEDBYTHE
HON'BLEMOTORACCIDENTSCLAIMSTRIBUNAL,
NEYYATTINKARAINIA3574/2017INOP(MV)
NO.887/2017DATED8/4/2021
ExhibitP2THETRUECOPYOFTHEEPNO.179/2022IN
IA3574/2017INOP(MV)NO.887/2017
FILEDBYTHE1STAPPLICANT
RESPONDENTS’
NIL
EXHIBITS:
1 issue framed by the court
Whether to direct the Motor Accidents Claims Tribunal to expedite the disposal of the pending execution petition.
Siluvakuris and Another
Christhu Das and Others
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court