Allowed

Gangadharan.T., v. Abdul Rasheed

Kerala HC31 Mar 2023OP (MAC)/67/2023

Case brief

AI extract

What is this about?

The High Court allowed an Original Petition seeking early disposal of an underlying motor accident claim. The court directed the Motor Accident Claims Tribunal to pass an award within six months from April 1, 2023, citing the claimant's advanced age, amputation, and financial hardship.

What did the court decide?

Directing the Motor Accident Claims Tribunal, Thrissur to complete the proceedings in O.P.(MV) 3205 of 2019 and pass an award within six months from 1.4.2023

Gangadharan.T., Vs Abdul Rasheed — Motor Accident Claims | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945

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OP (MAC) NO. 67 OF 2023

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AIN OPMV 3205/2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
PETITIONER:

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GANGADHARAN.T.,
AGED 73 YEARS
S/O RAMAN, THOZUTHINKAL HOUSE, PERADIKUNNU,
NAGARIPPURAM P.O, MANNUR, PALAKKAD, PIN – 679584.

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BY ADVS.
A.R.NIMOD
M.A.AUGUSTINE

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RESPONDENTS:

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1 ABDUL RASHEED, S/O MAMMU, PARAYANIKKAL HOUSE, PURANGU P.O, PONNANI, MALAPPURAM, PIN – 679584.

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2M/S. NEW INDIA ASSURANCE CO LTD
DIVISIONAL OFFICE, PALACE ROAD, THRISSUR -680020,
REPRESENTED BY BRANCH MANAGER.

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SRI.LAL K. JOSEPH, SC

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC) NO. 67 OF 2023 2

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JUDGMENT

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The petitioner is the claimant in O.P.(MV) No.3205 of 2019 on the file of Motor Accident Claims Tribunal, Thrissur. This Original Petition is submitted by the petitioner seeking an early disposal of the aforesaid claim petition. The reason highlighted by the petitioner herein is that his right leg has been amputated above knee and he is in financial stringency. Therefore, expeditious disposal of the claim petition is required. Moreover, the petitioner is a person aged 73 years.

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When the matter came up for consideration before this Court on 21.3.2023, a report was called from the Tribunal, as to the time within

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which the same can be disposed of.

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In compliance of the said order, a report dated 24.3.2023 has

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been placed on record wherein it is mentioned that the claim petition can be disposed of within a period of six months from 1.4.2023.

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On going through the report submitted by the Tribunal, I find that the period mentioned is reasonable. In such circumstances this Original petition is disposed of directing the Motor Accident Claims

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OP (MAC) NO. 67 OF 2023 3

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Tribunal, Thrissur to complete the proceedings in O.P.(MV) 3205 of 2019

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and pass an award thereon within a period of six months from 1.4.2023.

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 Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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Sru

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OP (MAC) NO. 67 OF 2023 4

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APPENDIX OF OP (MAC) 67/2023

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PETITIONER EXHIBITS

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Exhibit-P1

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TRUE COPY OF THE CLAIM PETITION, O.P.(MV)
NO.3205/2019, DATED 06-12-2019.

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Exhibit-P2TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM
MEDICAL COLLEGE HOSPITAL, THRISSUR, DATED
11-01-2019.

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RESPONDENTS EXHIBITS : NIL

Gangadharan.T., v. Abdul Rasheed

Case brief

What is this about?

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Gangadharan.T., v. Abdul Rasheed

Case brief

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