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2023 Supreme(Online)(KER) 29867
HIGH COURT OF KERALA
Dinesh Kumar Singh, J
THE MANAGING DIRECTOR – Appellant
Versus
CHACKO – Respondent
OP (MAC) 116 2023
ALEX ANTONY SEBASTIAN, A.R.NIMOD, M.A.AUGUSTINE(K/000511/2005)
Timeliness in adjudicating motor accident claims is essential to ensure justice, especially when review applications are pending in tribunals.
Headnote:
Claim - Motor Accident - Article 227 - Summary: The court emphasized the need for timely resolution of pending applications before tribunals, particularly relating to motor accident claims, and directed swift action on a review application while highlighting procedural shortcomings in the claims process.
Fact of the Case:
A petition was filed under Article 227 seeking the tribunal's expedited decision on a pending review application regarding a motor accident claim where the claimant was injured due to alleged rash driving by a KSRTC bus.
Issues: The primary issue was whether the tribunal would expedite the decision on a pending review application related to a motor accident compensation award.
Ratio Decidendi: The court applied procedural mandates under Article 227 of the Constitution to ensure timely adjudication of claims, focusing on the necessity of addressing unresolved legal applications to promote justice.
Final Decision: The original petition was disposed of with directions for the Motor Accident Claims Tribunal to expedite the review application.
JUDGMENT
Dated this the 13th day of September, 2023
1. This original petition has been filed under Article 227 of the Constitution of India seeking following reliefs:
i To direct Addl.Motor Accident Claims Tribunal – III, Thiruvananthapuram to consider and disposes I.A No.749/2022 (Ext.P1 Application) within a specific time limit.
ii. To stay all further proceedings in E.P No.180/2020 pending before the Hon’ble Motor Accident Claims Tribunal, Thiruvananthapuram till disposal of I.A No.749/2022 (Ext.P1 application) pending before the Addl.Motor Accident Claims Tribunal -Iii, Thiruvananthapuram for the interest of justice.
iii.Issue such other Order or Writ or Direction as this Hon’ble Court may deems fit and proper to grand on the facts and circumstances of this case.
2. The petitioner Kerala State Road Transport Corporation, a KSRTC bus bearing registration No.KL-15/7634 was driven by Baby. On 25.02.2013, the claimant Chacko was traveling in the said bus sustained injuries allegedly for the rash and negligent driving of the said vehicle by the driver. The claimant filed claim petition before the Motor Accident Claims Tribunal -III, Thiruvananthapuram being OP (MV) No.807/2013. On receipt of a notice, the Kerala State Road Transport Corporation filed its written statement stating that the vehicle was insured with New India Assurance Company Limited having valid policy coverage by policy No.76140031120200004648. The said policy was valid from 21.05.2012 to 20.05.2013. Thereafter the petitioner, KSRTC absented itself in the proceedings. Despite the aforesaid averments, the claimant did not amend the memo of parties and the Insurance Company was not impleaded as the party respondent. The Tribunal by the award dated 25.10.2019 did not find substance in the written statement of the KSRTC that the vehicle was insured with the New India Assurance Company inasmuch as no document of proof was produced by the KSRTC.
3. The Motor Accident Claims Tribunal had awarded compensation of Rs.3,38,807/- to the claimant/ respondent along with interest. Ext.P1 application has been filed by the KSRTC before the Motor Accident Claims Tribunal seeking review of the said award. However, no decision has been taken in Ext.P1.
4. Considering the aforesaid facts and taking into consideration the submission of the learned counsel for the petitioner and respondent, the original petition is disposed of with direction to the Motor Accident Claims Tribunal-III, Thiruvananthapuram to decide Ext.P1 expeditiously within a period of two weeks, if it is not disposed of on 14.09.2021, which is the date fixed for disposal of Ext.P1 before the Motor Accidents Claims Tribunal.
5. With the aforesaid direction, the Original Petition stands disposed of.
Sd/-
DINESH KUMAR SINGH JUDGE
NO.807/2013 DT. 29/4/022 FILED BEFORE THE HON'BLE ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL -III, THINRVANANTHAPURAM EXHIBIT-P2 THE TRUE COPY OF THE STAY PETITION DATED
4/7/2023 VIDE E.A NO. 228/2023 IN E.P NO.180/2020 IN OP (MV) NO. 807/2013 FILED BEFORE THE EXECUTION COURT IS PRODUCED HEREWITH, WHICH MAY MARK EXHIBIT-P 3 THE TRUE COPY OF THE EA NO.193 /2023 IN E.P NO.180/2020 IN 0P (MV) NO. 807/2013 DATED
22/6/2023 EXHIBIT-P 4 THE TRUE COPY OF THE AWARD IN OP(MV)
NO. 807/2013 PASSED BY THE HON'BLE ADDL.
MACT-ILL, THIRUVANANTHAPURAM DATED
25/10/2019 EXHIBIT -P 5 TRUE COPY OF THE EP NO. 180/2020 IN OP (MV)
NO. 807/2013 DATED 18/6/2020 OF THE MACT, THIRUVANANTHAPURAM
