IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 OP (MACT).No. 3836 of 2011(O) ----------------------------- OPMV.1198/2010 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... PETITIONER: ----------- SMT.ELIZEBATH GEORGE, W/O.VETTATHUPARAMBIL GEORGE, KODAKARA DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- 1. JOSHY, S/O.MENACHERRT ANTONY, NAYATHODE P.O., ERNAKULAM, PIN 683572. 2. MARTIN, S/O.MYPANPOULOSE, KOLARKUZHI DESOM, MOOKANNUR VILLAGE AND DESOM, PIN 683577. 3. THE MANAGER, NATIONAL INSURANCE COMPANY URUMABATH BUILDINGS, PUMP JUNCTION, ALUVA, PIN 683101. R3 BY ADVS. SRI.M.A.GEORGE SRI. A.A. ZIAD RAHMAN THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS OP (MAC) NO. 3836/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1. COPY OF OP(MV)1198/2010. EXHIBIT-P2. COPY OF COMMON AWARD DATED 31/3/2009 OF THE CLAIMS TRIBUNAL IRINJALAKUDA. EXHIBIT-P3. COPY OF THE MEDICAL CERTIFICATE FROM THE JUBILEE MISSION HEART HOSPITAL AT THRISSUR DT.27.7.2011. EXHIBIT-P4. COPY OF THE LAWYER NOTICE ISSUED AT THE INSTANCE OF STATE BANK OF TRAVANCORE IRINJALAKUDA DT. 21.12.2010. EXHIBIT-P5. COPY OF IA 4278/11 DATED 9/11/2011 FILED BEFORE THE CLAIMS TRIBUNAL AT IRINJALAKUDA. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE AS P.N.RAVINDRAN, J. ---------------------------------------------- OP(MAC) No.3836 of 2011 ----------------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT The petitioner is the claimant in OP(MV) No. 1198 of 2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. In this writ petition the petitioner seeks a direction to the Motor Accidents Claims Tribunal, Irinjalakkuda to dispose of OP(MV) No.1198 of 2010 expeditiously . 2. Pursuant to the order passed by this Court, the Motor Accidents Claims Tribunal, Irinjalakkuda has submitted a report to the effect that though respondents 1 and 3 have been served , the notice issued to the second respondent, the driver of the offending vehicle, has been returned unserved with the endorsement 'returned to sender'. The Motor Accidents Claims Tribunal, Irinjalakkuda has also reported that the claim petition stands posted for return of notice on 11.1.2011 and that it can be disposed within a period of four months namely before 10.4.2012. The learned counsel appearing for the petitioner submitted that the petitioner will take steps to delete the name of OP(MAC) No.3836 of 2011 -2- the second respondent, from the party array and that this original petition may be disposed of with a direction to the Motor Accidents Claims Tribunal, Irinjalakkuda to dispose of OP(MV) No.1198 of 2010 before 10.4.2012. The learned counsel appearing for the insurance company did not oppose the said request. In such circumstances, I dispose of the Original Petition with a direction to the Motor Accidents Claims Tribunal, Irinjalakkuda to dispose of OP(MV) No.1198 of 2010 expeditiously and in any event within six months from today. The petitioner shall within in one week from the date of receipt of a copy of this judgment file an application in the Motor Accidents Claims Tribunal, Irinjalakkuda to delete the name of the second respondent in the claim petition from the array of parties. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.