Kerala High Court
Dileep Kumar Kuttipunathil vs Nishitha on 4 July, 2025
OP (MAC) NO. 89 OF 2025 1 2025:KER:49087
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4th DAY OF JULY 2025 / 13TH ASHADHA, 1947
OP (MAC) NO. 89 OF 2025
IA NO.10 OF 2025 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL/RENT CONTROL APPELLATE AUTHORITY - II, VADAKARA
ARISING OUT OF THE ORDER IN OPMV NO.162 OF 2021 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL/RENT CONTROL APPELLATE AUTHORITY -
II, VADAKARA
PETITIONERS/PETITIONERS/RESPONDENTS:
1 DILEEP KUMAR KUTTIPUNATHIL, AGED 38 YEARS,
S/O.PADMANABHAN NAIR,PROPRIETOR VIGNESWARA
ASSOCIATES, 2ND 17/205 IA CVM ARCADE,
G. H ROAD, CHELANNUR, PIN - 673616
2 POULOSE, AGED 32 YEARS
S/O JOSEPH , PALAMALAYIL (HOUSE), MAKKIAD POST,
KANHIRANGAD, WAYANAD, PIN - 670731
BY ADVS. SHRI.M.P.PRIYESHKUMAR
SRI.NABIL KHADER
SMT.DIVYA T.P.
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 NISHITHA, AGED 52 YEARS,
W/O LATE BALAN,VAZHAYIL, KAKKATTIL,
PURAMERI, AROOR, KOZHIKODE, PIN - 673507
OP (MAC) NO. 89 OF 2025 2 2025:KER:49087
2 NIDHIN SONU.K., AGED 31 YEARS,
S/O LATE BALAN, VAZHAYIL,KAKKATTIL,
PURAMERI, AROOR, KOZHIKODE, PIN - 673507
3 HARSHA B., AGED 25 YEARS,
D/O LATE BALAN, VAZHAYIL,KAKKATTIL, PURAMERI,
AROOR, KOZHIKODE, PIN - 673507
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (MAC) NO. 89 OF 2025 3 2025:KER:49087
JUDGMENT
The Original Petition is filed with the following prayers.
"i) To call for the records leading up to Exhibit P2 Order (IA 3/2021 in OP(MV) 162/2021) on the file of the Motor Accident Claims Tribunal, Vadakara, and set aside Exhibit P2 Order and to allow Exhibit P4 Application.
OR
ii) To direct the Additional District Court Vadakara (In charge of Motor Accident Claims Tribunal, Vadakara) to consider the Exhibit P4 application and dispose of the matter within a time frame
iii) To issue such other further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
2. Taking note of the fact that Ext.P4 application seeking to lift the attachment has been filed on 13.01.2025 by the petitioners, there will be a direction to the Motor Accidents Claims Tribunal, Vadakara or the court holding charge, to dispose of I.A.No.10/2025 in OPMV No.162/2021 filed seeking to lift the attachment and to OP (MAC) NO. 89 OF 2025 4 2025:KER:49087 pass orders in accordance with law, within three weeks from the date of receipt of a copy of this judgment.
The original petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
OP (MAC) NO. 89 OF 2025 5 2025:KER:49087 APPENDIX OF OP (MAC) 89/2025 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD IN OP(MV) 162/2021 DATED 07.09.2024 OF THE HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL VATAKARA Exhibit P2 TRUE COPY OF THE ORDER DATED 08.03.2021 IN IA 3/2021 IN OP(MV) 162/2021 OF THE HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL VATAKARA Exhibit P3 TRUE COPY OF THE AGREEMENT DATED NIL, EXECUTED BETWEEN THE PETITIONERS AND RESPONDENTS Exhibit P4 TRUE COPY OF THE AFFIDAVIT ALONG WITH A PETITION IN I.A.NO.10 OF 2025 IN OP(MV)NO.162 OF 2021 FILED BY THE PETITIONERS HEREIN BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA // TRUE COPY // P.A. TO JUDGE