IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.A.No. 1790 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.23845/2008 DATED 07/08/2008 .................... APPELLANT/PETITIONER ------------------------------------ PADMA, AGED 44, D/O. KRISHNAMMA, T.C.42/422(2) THAVALODE VEEDU, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. SHEGY S.BABU, S/O. SUDEESH BABU, VIJAYAGIRI, KOTTIKADA P.O., KOLLAM 2. K.SREEKUMAR, S/O. KOCHURAMAN, PUTHUVAL VEEDU, ASRAMAM, KOLLAM. 3. DIVISIONAL MANGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.157, 1ST FLOOR, PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM - 1. 4. SIDHIK A.M. S/O. MOIDEEN, KUMAYOON MANZIL T.C.46/589, MANICKAVILAKOM POONTHURA, THIRUVANANTHAPURAM. 5. BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., KOTATARATHIL BUILDING ANNEXE, PALAYAM, THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1790 of 2008 ------------------------------------------ Dated, this the 28th day of August, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.23845 of 2008 dated 7th August, 2008. (2) There are two prayers in the writ petition, firstly, to set aside the orders passed by the Motor Accidents Claims Tribunal, Thiruvananthapuram dated 11th July, 2008, wherein the learned Judge has rejected the application filed by the petitioner for an out of turn hearing. The second prayer is to direct the Motor Accidents Claims Tribunal to dispose of O.P(MV) No.600 of 2006 within a particular time frame. (3) The learned Single Judge has rejected the writ petition. However, has granted liberty to the petitioner to make an appropriate application before the Motor Accidents Claims Tribunal for an out of turn hearing once over again. (4) Petitioner's earlier application was rejected by the Motor Accidents Claims Tribunal on the ground that the written statement has not been filed by the Insurance Company. Now it is brought to our notice by Sri.R.T.Pradeep, learned counsel appearing for the appellant, that one of the Insurance Companies had filed its written statement. W.A.No.1790 of 2008 2 (5) In view of this, in our opinion, the petitioner is at liberty to make one more application before the Presiding Officer of the Motor Accidents Claims Tribunal, Thiruvananthapuram and request him to take the matter for an out of turn hearing. It is needless to say, if such a request is made by the appellant, the same would be considered by the Presiding Officer of the Motor Accidents Claims Tribunal in accordance with law. (6) With these observations and directions the writ appeal is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns