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2025 Supreme(Online)(Ker) 45813

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
DIRARUDEEN KOYA THANGAL S/O SAINULABDEEN KOYA THANGAL – Appellant
Versus
NIPPON MOTORS CORPORATION PVT. LTD. – Respondent
OP (MAC) NO. 111 OF 2025 | OPMV NO.652 OF 2023



Advocates:
For the Appellants/Petitioners: SMT.BINITHA JAMES
For the Respondents:

The court emphasized that requests for expedited hearings must meet justifiable criteria, ensuring uniform treatment for all litigants.

Headnote:(A) Motor Vehicle Act, 1988 - Article 227 of the Constitution of India - Petition for expeditious disposal of a claim petition - The court clarified the procedure for seeking early hearings. A request must be based on valid reasons and decided expeditiously, maintaining equality before law. (Paras 2, 3)

(B) Judicial Procedure - The court emphasized the need for uniformity in the treatment of litigants and directed that such applications must be heard as per the stipulated guidelines. The distinctions in treatment based on priority must be justified. (Paras 2, 3)

Facts of the case:
The petitioner applied for an expeditious hearing of a claim petition pending since 2023, invoking the court's supervisory jurisdiction.

Findings of Court:
The court refused to make direct directions to the tribunal and reiterated the importance of proper applications for early hearings.

Issues: Whether the court should intervene directly in the tribunal's processes in claims filed in 2023.

Ratio Decidendi: The court ruled that proper channels must be followed for expedited hearings; thus, the tribunal remains free to apply its discretion based on provided applications.

Result: Original petition closed without prejudice to petitioner's rights.

Table of Content
1. closure of the petition. (Para 4)

JUDGMENT

This Original Petition is filed with the following prayers:-

“1. Call for the entire records leading to O.P.(MV)No 652/2023 from the MACT, Attingal, Thiruvananthapuram District;

2. Issue a direction to the MACT, Attingal to dispose OP (MV) No.652/2023 (Ext.P2) as expeditiously as possible within a time limit fixed by this Hon’ble Court by exercising the Supervisory Jurisdiction of this Hon’ble Court under Article 227 of the Constitution of India ;

3. Such other relief that this Honorable court may deem fit to render justice to the Petitioner.”

2. It is seen that the claim petition was filed in the year

2023. A division bench of this Court in similar circumstances, in Prema Joy v. John Britto [2023 (4) KHC 39] , held as follows:

“7. If any party desires to have its heard out of turn, it shall move an application for an early or out-of-turn hearing based on any justifiable or valid reasons before the Court concerned and, the Rent Control Court/Appellate authority as the case may be shall dispose of such an application as expeditiously as possible, at any rate, within two weeks from the date of moving such application. Brief speaking orders will have to be passed by the said courts, either allowing or rejecting the prayer for an early hearing. The courts will bear in mind that the normal rule is to go by the queue, and only in exceptional cases where justifiable and genuine reasons are made out, requests for taking up cases on a priority basis should be entertained. Only after the above exercise is done can a litigant approach this Court with a prayer seeking expeditious disposal of the case. This, we feel, will ensure avoidance of any kind of judicial injustice by the Court contributing its part to the delay in the dispensation of justice by indiscriminate entertainment of the types of petitions noticed above. Equality before the law implies an absence of any special privilege. So does equal protection of laws by ensuring equality of treatment among people in similar circumstances. All litigants are to be accorded the same treatment by administering the law in an even-handed manner.”

3. The above directions will apply on all fours to the request for expeditious disposal of the cases pending before the Motor Accidents Claims Tribunals.

4. Accordingly, I am not inclined to give any direction to the Tribunal in a claim petition filed in the year 2023. It will be open to the petitioner to apply as directed in the judgment referred to above, which the Tribunal shall consider, as directed therein.

Accordingly, this original petition is closed, without prejudice to the petitioner’s right to move the Tribunal concerned with an application in the manner stated above. The Tribunal concerned will deal with the application as directed in the judgment referred to above.

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