IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27793 of 2009(T) -------------------------- OPMV.1471/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER(S): --------------- MYTHEEN KUNJU, AGED 56 YEARS,S/O.ABDUL RAHIMAN KUNJU, "KAVANAL PADEETTATHIL",PAYYIKUZHI, OACHIRA P.O.,KOLLAM DISTRICT. BY ADV. MR.B.HARISH KUMAR RESPONDENT(S): --------------- 1. NATIONAL INSURANCE COMPANY LIMITED, REP.BY ITS BRANCH MANAGER, BRANCH OFFICE,ALAPPUZHA. 2. MOHAMMED MANSOOR (OWNER), KANNEL PEEDIKAYAIL,NEAR PUBLIC LIBRARY, OACHIRA,KOLLAM. 3. AISHA BEEVI,W/O.MYTHEEN KUNJU, "KAVANAL PADEETTATHIL",PAYYIKUZHI, OACHIRA P.O.,KOLLAM DISTRICT. 4. ABIDA,D/O.MYTHEEN KUNJU, "KAVANAL PADEETTATHIL",PAYYIKUZHI, OACHIRA P.O.,KOLLAM DISTRICT. 5. JAMEELA,D/O.MYTHEEN KUNJU, "KAVANAL PADEETTATHIL",PAYYIKUZHI, OACHIRA P.O.,KOLLAM DISTRICT. 6. HASEENA,D/O.MYTHEEN KUNJU, "KAVANAL PADEETTATHIL",PAYYIKUZHI, OACHIRA P.O.,KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 27793 of 2009 ................................................. Dated this the 5th day of October, 2009 J U D G M E N T The petitioner is the father of one Navas, who died in a motor accident. The said Navas had taken a loan from the State Bank of Travancore. The bank has initiated proceedings for recovery of the said loan. The petitioner has filed O.P.(MV) No. 1471 of 2008 along with other legal heirs of Navas before the Motor Accident Claims Tribunal seeking compensation for the death of the Navas. The petitioner submits that the petitioner has no other means to pay off the loan amount unless the compensation amount is determined and paid to the petitioner. The petitioner therefore seeks a direction to the Tribunal to dispose of O.P.(M.V) No. 1417 of 2008 expeditiously. 2. I have heard the counsel for the petitioner. 3. The petitioner certainly deserves sympathy. But there may be cases before the Tribunal, which observe much more sympathy than in the petitioner's case. Therefore I cannot direct the Tribunal to consider the petition filed by the petitioner out of turn on that ground. It is for the Tribunal to decide the matter in W.P(C) No. 27793 of 2009 -2- accordance with the pendency of claim petitions before it. Therefore it is for the petitioner to move the Tribunal for early hearing of the petition. The petitioner submits that the petitioner has already moved the Tribunal. Tribunal shall consider that petition in accordance with law as sympathetically as possible. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs