IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 24905 of 2010(K) --------------------------------------- [O.P(MV).NO. 1662/09 AND O.P(MV).NO.1663/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR] .................... PETITIONER: ------------------- VINODKUMAR, AGED 57,S/O.KALLIKADAVIL VELUKUTTY, MUTHRATHIKKARA DESOM,PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). RESPONDENTS: ------------------------ 1. ANNA PREETHY @ PREETHY,W/O.LATE JOSEPH, THAMARAYOOR HOUSE,ERAVIMANGALM DESOM, NADATHARA VILLAGE,THRISSUR TALUK,THRISSUR DISTRICT -680 751. 2. RITTO (MINOR),S/O.LATE JOSEPH, THAMARAYOOR HOUSE,ERAVIMANGALAM,NADATHARA VILLAGE, THRISSUR TALUK,THRISSUR DISTRICT, REP. HIS GUARDIAN AND NEXT FRIEND MOTHER IST RESPONDENT ANNA PREETHY @ PREETHY. 680 751. 3. V.T.SAJITH,S/O.THANKAPPAN, VATTEKATTIL HOUSE,AYYAPPANKAVU DESOM, KOZHUKKULLY VILLAGE,THRISSUR TALUK- 680 751. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.24905 of 2010 ------------------------------------------- Dated this the 10th August, 2010 JUDGMENT The petitioner complains of non-consideration of Exts.P6 and P7 claim petitions filed by him before the Motor Accidents Claims Tribunal, Thrissur. The petitioner had purchased a stage carriage vehicle bearing Reg.No.KL-8/Q 1195 from the third respondent. Another vehicle that belonged to the third respondent had been involved in a motor accident in which a motor cyclist and his daughter had died. Respondents 1 and 2 are the legal representatives of the deceased. They filed O.P.(MV) Nos.1662 of 2009 and O.P.(MV) No.1663 of 2009 before the Motor Accidents Claims Tribunal, Thrissur claiming compensation for the death of the deceased. The vehicle that was involved in the accident had no insurance cover and the third respondent is therefore sued personally for compensating respondents 1 and 2. Along with the petitions referred to above, separate petitions for attachment before judgment of the stage carriage vehicle wpc No.24905/2010 2 bearing Reg.No.KL-8/Q 1195 that belongs to the petitioner have been filed. The petitioner apprehends that orders would be passed in the said petitions attaching the petitioner's vehicle. Therefore, he has filed two claim petitions evidenced herein by Exts.P6 and P7 putting forward his claim that he is the owner of the vehicle and that his vehicle is not liable to be attached for the liability of the third respondent. The petitioner complains that no orders have been passed on Exts.P6 and P7 till date. At the same time, the petitioner apprehends the passing of an order of attachment in respect of his vehicle at any moment. 2. Since the claim put forward by the petitioner is pending adjudication before the Motor Accidents Claims Tribunal, Thrissur, it is not necessary for me to consider the merits of the claim. It is sufficient that the petitions are directed to be considered expeditiously. In view of the limited relief that I am proposing to grant, I do not think it necessary to issue notice to the other respondents. 3. In the above circumstances, this writ petition is disposed of directing the Motor Accidents Claims Tribunal, wpc No.24905/2010 3 Thrissur to consider I.A.No.6873/2010 in I.A.No.2854 of 2010 in O.P.(MV) No.1662/2009 and I.A.No.6872 of 2010 in I.A.No.2853 of 2010 in O.P.(MV) No.1663/2009 pending before it in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate before any order of attachment before judgment is passed on the applications filed by respondents 1 and 2. If orders of attachment before judgment have already been passed, the claim petitions of the petitioner referred to above shall be considered and appropriate orders passed thereon expeditiously and until such final orders are passed on the claim petitions filed by the petitioner, the order of attachment shall not be enforced. K.SURENDRA MOHAN, JUDGE css/