IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 OP (MAC) NO. 13 OF 2024 OPMV 2498/2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL &

SPECIAL COURT FOR E.C. ACT CASES, THRISSUR PETITIONERS:

1 V.K. JOSEPH @RAVI, AGED 68 YEARS, S/O. VASUDEVAN, KODUPPATH HOUSE, KOYYAMARAKKAD, KANJIKODE, PALAKAD, PIN - 678623

2 KOCHUTHRESSIA, AGED 62 YEARS, W/O.V.K.JOSEPH @ RAVI, KODUPPATH HOUSE, MADAKKATHRA, THRISSUR, PIN - 678623

3 KEVIN JOSE, AGED 38 YEARS, S/O.V.K.JOSEPH RAVI, KODUPPATH HOUSE, KOYAMARAKKAD, KANJIKODE, PALAKAD, PIN – 678623 BY ADVS.

NAVYA SONY LLOYD JOHN RESPONDENTS:

1 CHERIYAKUTTY, S/O. THOMAS, KOTTALAPARAMBIL HOUSE, KANJIRAPILLY, PARIYARAM, CHALAKUDI, PIN - 680721

2 BIJU MATHEW, S/O. M.C. MATHEW, H.NO.4/252, MANNULLIL HOUSE, P.O.KUMARAOURAM, ERNAKULAM, PIN - 683565

3 NATIONAL INSURANCE CO. LTD, REP. BY ITS BRANCH MANAGER, MULLAPILLY BUILDING, A.M.ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683542

4 P.MINESH, S/O. VASU, PALLIYALIL HOUSE, P.O. THUVVUR, MALAPURAM, PIN - 679327

5 ABDU RAHIMAN, S/O. HAMZA, ANAKUZHIYIL HOUSE, KARUVARAKUNDU, NILAMBUR, PIN - 676523

6 THE ORIENTAL INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, MANJERI, JASEELA COMPLEX, BY JN. NILAMBUR ROAD, MANJERI, PIN – 676121 BY ADVS.

SRI.GEORGE A. CHARIAN, SC SMT.K.S.SAMTHI, SC THIS OP (MAC) HAVING COME UP FOR ADMISSION ON

06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of February, 2024 The petitioners, who are legal heirs of deceased victim in O.P.(M.V.) pending before the Motor Accident Claims Tribunal, Thrissur, have approached this Court seeking to expedite the proceedings in O.P.(M.V.) No.2498 of 2016 and complete the proceeding in a time bound manner.

2. The petitioners state that they are legal heirs of deceased who died in a motor vehicle accident. The claim petition was filed in the year 2016 as per Ext.P1. The accident happened in the year 2016. Claim petition was filed in the same year. O.P.(M.V.) No.2498 of 2016 is not yet adjudicated so far. It causes undue hardship to the petitioners, who are the legal heirs of the deceased.

3. I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the 3^rd and 6^th respondents. Notice to respondents 1, 2, 4 and 5 is dispensed with in view of the nature of the relief to be granted in this writ petition.

4. It is evident from the pleadings that the accident occured on 20.01.2016 and the victim died. The O.P.(M.V.) was filed in the year 2016 itself. More than 7 years have lapsed since. The delay is too long. From the facts of the case, it is evident that any further delay will cause the petitioners further injury.

In the circumstances of the case, the O.P.(MAC)

is disposed of directing the Motor Accident Claims Tribunal, Thrissur to finally dispose of O.P.(M.V.) No.2498 of 2016 as expeditiously as possible and at any rate within a period of three months.

Sd/-

N. NAGARESH JUDGE SR APPENDIX OF OP (MAC) 13/2024 PETITIONER'S ANNEXURES:

Annexure A-1 THE TRUE COPY OF THE CLAIM PETITION FILED BEFORE THE MACT, THRISSUR

27/10/2016 IN OP(MV) NO. 2498/2016