Disposed

Jaseela K v. Mani R

Kerala HC12 Apr 2023OP (MAC)/59/2023

Case brief

AI extract

What is this about?

Petitioners filed an original petition in the High Court of Kerala seeking expeditious disposal of a pending motor accident claim petition before the Motor Accidents Claims Tribunal, Palakkad. The High Court, upon receiving a report from the Tribunal, disposed of the matter directing the Tribunal to act in accordance with the report.

What did the court decide?

Directed the Motor Accidents Claims Tribunal to act in terms of the report submitted regarding the status of the claim petitions.

Jaseela K Vs Mani R — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

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OP (MAC) NO. 59 OF 2023

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OPMV NO.1583/2017 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD (ADDITIONAL MACT NO.IV)

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PETITIONERS/PETITIONERS:

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1JASEELAK
AGED30YEARS
W/OLATELIJESHJOY,D/OABDULLATHEEF,KUNNATH
HOUSE,KOLPPADAM,THENKARAPO,MANNARKKAD,
PALAKKADDISTRICT.,PIN-678582

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2ANSILK
AGED11YEARS
(MINOR),S/OLATELIJESHJOY,REPBYMOTHERAND
GUARDIANJASEELAK,AGED30YEARS,W/OLATELIJESH
JOY,D/OABDULLATHEEF,KUNNATHHOUSE,KOLPPADAM,
THENKARAPO,MANNARKKAD,PA;LAKKADDISTRICT,
PIN-678582
3ANASP,
AGED15YEARS
(MINOR),S/OLATELIJESHJOY,REPBYMOTHERAND
GUARDIANJASEELAK,AGED30YEARS,W/OLATELIJESH
JOY,D/OABDULLATHEEF,KUNNATHHOUSE,KOLPPADAM,
THENKARAPO,MANNARKKAD,PALAKKADDISTRICT,
PIN-678582
BYADVBABYMATHEW

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RESPONDENTS/RESPONDENTS:

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1MANIR
AGENOTKNOWN,S/ORAMASAMY,4/6,JAYANTHICOLONY,
SELLAPPAMPATTIPO,NAMAKKALDISTRICT,

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O.P.(MAC) No.59 of 2023

¶11

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TAMILNADU,,PIN-637019

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2THANGARASUC,
AGED47YEARS
S/OCHINNAN,3/39A,KARAIKURICHYPUDURCOLONY,
KARAIKURICHI,NAMAKKALDISTRICT,TAMILNADU,
PIN-606213

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3 NEW INDIA ASSURANCE COMPANY LTD. REP BY BRANCH MANAGER, SETHUKRISHNA TRADE CENTRE, SECOND FLOOR, TRICHY MAIN ROAD, SALEM, TAMIL NADU -636006.

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COMMUNICATIONADDRESS

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NEWINDIAASSURANCECOLTD,NSTOWER,STADIUMBUS
STAND,COIMBATOREROAD,PALAKKAD-,PIN-678001

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4ALICE
AGED52YEARS,W/OJOY,POOTHODE,VEEDU,
MANKURRISSI,VAZHAMPURAMPO,MANNARKKAD,
PALAKKADDISTRICT,PIN-678595

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5JOY
AGED57YEARS,S/OVARGHEESE,POOTHODEVEEDU,
MANKURRISSI,VAZHAMPURAMPO,MANNARKKAD,
PALAKKADDISTRICT,PIN-678595

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SRILALKJOSEPH,SC

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THISOP(MAC)HAVINGCOMEUPFORADMISSIONON12.04.2023,THE
COURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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O.P.(MAC) No.59 of 2023

¶22

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JUDGMENT

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This Original Petition is filed seeking expeditious disposal of O.P(MV) No.1583 of 2017 on the files of the Additional Motor Accidents Claims Tribunal-IV, Palakkad.

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A report was called for from the Tribunal, wherein it is reported

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as under:

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“ As per the references cited above, the Hon’ble High Court has directed to report status of OP(MV) 1583/2017 which was pending before this Court.

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It is submitted that OP(MV) 1583/2017 is filed by the wife and children of the deceased Lijesh for compensation. Another petition OP(MV) No.1440/2017 was also filed by the mother and legal heirs of the father of the deceased Lijesh. Accordingly both the OP(MV)s were ordered to be tried jointly as per the order dated 09.12.2019 in IA 3394/2018.

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During the trial a Transfer Appeal No.(C) 11 & 12 of 2022 filed by the petitioner before the Hon’ble High court to transfer both OP(MV)s to MACT, Ottapalam as the petitioners are only 10 kms from their native place Mannarkkad to Ottapalam. Thereafter the appeal was dismissed by the Hon’ble High Court on 26.07.2022.

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It is also submitted that evidence in both OP(MV)s are

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O.P.(MAC) No.59 of 2023

¶32

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completed and posted on 25.04.2023 for further hearing as it is needed some more clarification regarding the validity of marriage is contended by the petitioners in OP(MV) 1440/2017. In this circumstances, the Hon’ble High Court may be allowed 7 days more time to dispose the OP(MV)s after hearing from 25.04.2023. The same may be forwarded to the Hon’ble High court of Kerala.

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In that view of the matter, this Original Petition is disposed of

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directing the Tribunal to act in terms of the report.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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O.P.(MAC) No.59 of 2023

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APPENDIX OF OP (MAC) 59/2023

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PETITIONERS’EXHIBITS:

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ExhibitP1TRUECOPYOFTHECLAIMPETITIONDATED
24/06/2017INOPMVNO.1583/2017OFMA
CTRIBUNAL,PALAKKAD.

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ExhibitP2TRUECOPYOFTHECASESTATUSDATED
06/03/2023INOPMVNO.1583/2017
RESPONDENTS’
NIL
EXHIBITS:

Jaseela K v. Mani R

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Jaseela K v. Mani R

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