IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 26209 of 2009(U) -------------------------- OPMV.1575/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... PETITIONER(S): --------------- RATHEESH.S., S/O.SASI.C.T., AGED 26 YEARS, T.C.NO.20/53, SATHEESH BHAVAN, PREM NAGAR, MELARANNOOR, THIRUVANANTHAPURAM. BY ADV. SRI.K.T.SHYAMKUMAR SRI.R.NARENDRAN NAIR RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, TRIVANDRUM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, FORT, THIRUVANANTHAPURAM. 2. M/S.IFFCO-TOKIO GENERAL INSURANCE CO. LTD., KOCHI, SBU, XL/1485, SATGAMAYA, IST FLOOR, M.G.ROAD, ERNAKULAM. ADV. SRI. K.G. RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 26209/09. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF DISCHARGE SUMMARY. EXT.P2 CLAIM PETITION IN O.P(MV) 1575/2005. EXT.P3 WRITTEN STATEMENT. EXT.P4 OUT PATIENT RECORD DT. 2-7-2008. EXT.P5 COPY OF I.A.NO. 2205/2008. EXT.P6 ORDER IN I.A.2205/2008 DT. 28-10-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26209 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd December, 2009. J U D G M E N T The petitioner in this writ petition is the claimant in O.P (MV) No. 1575/2005 on the files of the MACT, Thiruvananthapuram. The said O.P was filed seeking compensation for very serious injuries sustained by the petitioner in a motor accident. The petitioner suffered a major injury to his cervical spinal cord and he is completely bed ridden due to quadriplegia. It is alleged that all his four limbs have become functionless and he is bed ridden for the past four years. He cannot even move from the bed for his daily routine, is the case. He submits that his sphincter muscles are not working properly and he eases himself involuntarily. The petitioner urgently needs large amounts of money for treatment itself. In the above circumstances, the petitioner filed I.A.No. 2205/2008 for an early disposal of the O.P before the Tribunal. The Tribunal rejected the same by Ext. P6 order holding that the target cases of the Tribunal are of the year 2002-2003. The petitioner is challenging Ext. P6 seeking the following reliefs: “(i) set aside Ext. P6 order issued by the Motor Accidents Claims Tribunal, Thiruvananthapuram. (ii) issue a direction to the Motor Accidents Claims Tribunal, Thiruvananthapuram to list O.P(MV) No. 1575/2005 out of turn on an early date and to hear the same as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court.” 2. After reading the plight of the petitioner as stated, I find that the Tribunal's order is harsh and unsympathetic. In the particular situation the petitioner is stated to be in, he has eminently made out a case for very urgent out of turn disposal of the O.P, unless more pathetic cases than that of the petitioner are pending before the Tribunal. W.P.C. No. 26209/09 -: 2 :- In the above circumstances, Ext. P6 is quashed and the Tribunal is directed to consider and dispose of O.P (MV) No. 1575/2005 as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/