JUDGMENT

The petitioner is the 1st claimant in O.P.(MV) No.439 of

2019 on the file of the Motor Accidents Claims Tribunal, Thrissur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1989 claiming compensation on account of death of one Krishnan A.N. @ Viju, husband of the petitioner and father of claimants 2 to 4, who are arrayed as respondents 4 to 6 in this original petition, in a motor accident which occurred on 14.12.2018. The petitioner has filed this original petition under Article 227 of the Constitution of India seeking an order directing the Motor Accidents Claims Tribunal, Thrissur to dispose of the said claim petition on merits within a time limit to be fixed by this Court.

2. On 07.04.2021, when this original petition came up for admission, Registry was directed to call for the report from the Motor Accidents Claims Tribunal, Thrissur as to the present stage of O.P.(MV) No.439 of 2019 and also the appropriate time limit within which that can be taken up and disposed of.

3. Pursuant to the said order, the Tribunal has forwarded a report dated 07.05.2021, addressed to Registrar (Judicial), wherein it is stated that all the respondents have appeared and the case now stands posted on 07.07.2021 for filing written statement.

4. In the said report, it is stated that considering the urgency, O.P.(MV) No.439 of 2019 can be disposed of within six months.

5. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the 3rd respondent Insurer. Considering the nature of relief proposed to be granted, service of notice on respondents 1 and 2 and also respondents 4 to 6 is dispensed with.

6. In this original petition the petitioner is seeking early disposal of O.P.(MV) No.439 of 2019 pending before the Motor Accidents Claims Tribunal, Thrissur.

7. The learned counsel for the petitioner would submit that the deceased was a Sub Staff in Peechi Tribal School and the family was solely depending upon his income. On account of his death, the petitioner and her children are facing acute financial crisis and also recovery proceedings initiated by Trichur Government Employees' Co-operative Sangham in connection with the loan availed by him, as evidenced by Ext.P3 notice dated 29.02.2020 issued by the Secretary of that Bank. The petitioner has also availed a loan for Rs.6 Lakhs from Chembukkavu Branch of Trichur Urban Co-operative Bank, Ltd., as evidenced by Ext.P2 certificate issued by the branch Manager. Therefore an early disposal of the claim petition is highly essential.

8 . Having considered the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent Insurer and also the report of the Tribunal, this Original Petition is disposed of by directing the Motor Accidents Claims Tribunal, Thrissur to finally dispose of O.P.(MV) No.439 of 2019, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment.

The petitioner shall communicate a copy of this judgment to respondents 1 and 2 or their counsel before the Tribunal and a memo to that effect shall be produced before the Tribunal along with a certified copy of this judgment.

Sd/-

ANIL K. NARENDRAN JUDGE

SPR

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CLAIM APPLICATION IN O.P.(M.V) NO.439 OF 2019 ON THE FILES OF LD. M.A.C.T, THRISSUR DATED

25.02.2019.

EXHIBIT P2 A TRUE COPY OF THE LETTER ISSUED BY THE TRICHUR URBAN CO-OPERATIVE BANK LTD.

EXHIBIT P3 A TRUE COPY OF LETTER RECEIVED FROM TRICHUR GOVT. EMPLOYEES' CO-OPERATIVE SANGHAM, NO.34, DATED 29.02.2020.

EXHIBIT P4 A TRUE COPY OF THE FINAL REPORT IN CR.

NO.1048 OF 2018 OF THRISSUR EAST POLICE STATION.

EXHIBIT P5 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN O.P.(MV)

NO.439 OF 2019 DATED 21.06.2019.

EXHIBIT P6 A TRUE COPY OF THE CASE PROCEEDINGS IN O.P.(M.V)NO.439 OF 2019 ON THE FILES OF HON'BLE MACT, THRISSUR DATED NIL.

RESPONDENT'S/S EXHIBITS: