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2021 Supreme(Online)(KER) 16088
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943 OP (MAC) NO. 50 OF 2021 (TO SET ASIDE THE FINAL ORDER IN IA.NO.01 OF 2020 IN OP(MV) N0.1553 OF 2017 ON THE FILES OF THE HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL , THIRUVANANTHAPURAM DATED 30.12.2020)
PETITIONER/PETITIONER IN THE INTERLOCUTORY APPLICATION/APPLICANT IN THE ORIGINAL CLAIM APPLICATION:
N.LAWRENCE AGED 50 YEARS S/O. NELSON, SAINT ANTONY'S BHAVAN, MYLODE, MALAYINKEEZHU P.O, TRIVANDRUM DISTRICT, PIN-695 571 BY ADV RINU. S. ASWAN RESPONDENTS/COUNTER-PETITIONERS IN THE INTERLOCUTORY APPLICATION/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 AJIKUMAR AGE NOT KNOWN, S/O. SADASIVAN, SARASWATHI SADANAM, VITTIYAM ROAD, PEYAD P.O, TRIVANDRUM DISTRICT, PIN-695 573
2 SANGEETH S.R, AGE NOT KNOWN, S/O. SAJIKUMAR, S.K. BHAVAN, VITTIYAM ROAD, PEYAD P.O, TRIVANDRUM DISTRICT, PIN-695 573
3 NEW INDIA ASSURANCE CO. LTD.
REP. BY ITS DEPUTY MANAGER, HAVING OFFICE AT CLAIMS HUB, GOVT. PRESS ROAD, G.P.O, TRIVANDRUM, PIN-695 001 SC ,SRI.LAL K JOSEPH THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner herein is the claimant in OP(MV)1553 of
2017 on the files of the MACT, Thiruvananthapuram. Pending the proceedings the petitioner filed IA No.1/2020 for referring the injured to the District Medical Board. It seems that an objection was not filed. The MACT, Thiruvananthapuram by Ext.P4 order allowed the application, however holding that no original medical records were produced till then. No reason was attributed for the delay and consequently he will not be entitled for interest from the date of order till the disposal of OP(MV) in case any award was passed.
2. The above portion of the order by which the court directed that the petitioner will not be entitled to interest from that day onwards till the date of disposal is under challenge in this proceedings.
3. Heard the learned counsel for the petitioner and the learned counsel for the Insurance Company, who supported the order of the MACT, Thiruvananthapuram.
4. It seems that the MACT, Thiruvananthapuram had justified the above part of the order on the ground that no reason was given for the non production of the records and also the delay in filing the above application. However, the order does not indicate that the case was ripe for evidence and for the mere reason of delay in filing the application, the case got delayed. Noramally, whether to impose conditions or not at the time of disposal of an application is within the domain of the discretion of the courts and in such matters, normally the courts will be slow in interfering. However, in this case, I feel that in the absence of any material to show that the petitioner had purposefully delayed the proceedings and that had affected the disposal of the case, I am inclined to interfere and to delete the direction given by the MACT, Thiruvananthapuram that the petitioner will not be entitled to interest from the date of order till the date of disposal. Accordingly that part of the order will stand quashed and the IA will stand allowed.
OP(MAC) is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
APPENDIX OF OP (MAC) 50/2021 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FINAL ORDER IN I.A. NO.
01 OF 2020 IN O.P. (MV) NO. 1553 OF 2017 ON THE FILES OF THE HON'BLE M.A.C.T, TRIVANDRUM DATED 30.12.2020.
EXHIBIT P2 A TRUE COPY OF ORIGINAL PETITION ON THE FILES OF LD. M.A.C.T , TRIVANDRUM DATED
24.07.17.
EXHIBIT P3 A TRUE COPY OF THE WRITTEN STATEMENET FILED BY 1ST AND 2ND RESPONDENT DATED
22.01.2018.
EXHIBIT P4 A TRUE COPY OF THE I.A. NO. 1 OF 20 IN O.P.
(M.V) NO. 1553 OF 17 ON THE FILES OF LD.
M.A.C.T, TRIVANDRUM DATED 14.12.2020.
RESPONDENT'S/S EXHIBITS NIL
