IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 OP (MAC).No. 3401 of 2011(O) ----------------------------- OPMV.1410/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... PETITIONER: -------------------- ABSA.S., AGED 24 YEARS, W/O.LATE AJOSH SAMUEL, VARUVILAYIL HOUSE, CHATHAKULAM P.O., PORUVAZHI, KOLLAM-690 520. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR-695 001. 2. AJIMON, S/O.VASUDEVAN, THADATHILPARAMBIL HOUSE, MALAKKUNNAM, ITHITHANAM KARA, KURICHI VILLAGE, KOTTAYAM DISTRICT 686001. 3. THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA 689645. BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(MAC) No.3401/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE CLAIM PETITION OP(MV).1410/08 OF MACT PATHANAMTHITTA. EXHIBIT P2; TRUE COPOY OF THE CERTIFICATE DATED 19/10/11 ISSUED BY THE PRINCIPAL PUSHPAGIRI INSTITUTE OF RESEARCH CENTRE THIRUVALLA. EXHIBIT P3: TRUE COPY OF THE CERTIFICATE DATED 18/10/11 ISSUED BY STATE BANK OF TRAVANCORE SASTHAMKOTTA BRANCH. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- O.P.(MAC) No. 3401 OF 2011 -------------------------- Dated this the 28th day of October, 2011 J U D G M E N T The petitioner is the claimant in O.P.(MV) No.1410 of 2008 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. This original petition is filed for an order directing the Motor Accidents Claims Tribunal to expeditiously dispose of O.P.(MV) No.1410 of 2008. It is stated that the petitioner and her minor son were dependent on late Ajosh Samuel, who succumbed to the injuries sustained by him in the motor accident which is the subject mater of O.P.(MV) No.1410 of 2008 and in such circumstances unless it is heard and disposed of expeditiously, they will be put to serious prejudice. 2. When the original petition came up for admission hearing on 21.10.2011, the Registry was directed to call for a report from the Motor Accidents Claims Tribunal, Pathanamthitta as regards the time frame within which O.P.(MV) No.1410 of 2008 can be disposed of. The Motor Accidents Claims Tribunal has sent a report dated 25.10.2011 to the effect that O.P.(MV) No.1410 of 2008 is ripe for trial and disposal, that the case OP(MAC)No.3401/2011 2 stands posted for evidence on 23.1.2012 and that it can be disposed of before 31.12.2011. In the light of the report submitted by the Motor Accidents Claims Tribunal, I am of the opinion that the original petition can be disposed of with a direction to the Motor Accidents Claims Tribunal, Pathanamthitta to expedite the hearing and disposal of O.P.(MV) No.1410 of 2008. I accordingly dispose of the original petition with a direction to the Motor Accidents Claims Tribunal, Pathanamthitta to advance the trial of O.P.(MV) No.1410 of 2008 with notice to the learned counsel appearing for the parties and dispose of the same expeditiously and in any event before 31.12.2011. Registry to communicate a copy of this judgment to the Motor Accidents Claims Tribunal, Pathanamthitta. P.N.RAVINDRAN, (JUDGE) vps OP(MAC)No.3401/2011 3