The petitioner in the above Original Petition is aggrieved with the non disposal of the Claim Petition filed before the Motor Accidents Claims Tribunal, Kollam. The petitioner herein, along with her children, filed a Claim for compensation for the death of her husband who was seriously injured in an accident. The petitioner is concerned with the non disposal of the case despite the evidence having been closed. 2. This Court called for a report from the Tribunal and the Tribunal has placed before this Court a report of the proceedings dated 19.12.2014. Admittedly, the matter was taken for Award on 15.10.2014. However, subsequently on 24.10.2014, on the date on which it was posted OP(MAC).186/14 2 for Award, the matter was re-opened and the Tribunal, on the finding that the scene mahazar and the mahazar of the lorry were not produced, directed the petitioners to produce the same. The directions were repeated on 28.10.2014 and it is stated that, on 10.11.2014 the petitioners and counsel were absent. Again, directions were repeated on 20.11.2014 and 02.12.2014. Neither the petitioners nor the 3rd respondent have produced the documents, is the report of the Tribunal.
3. It is to be noticed that though the Insurance Company has filed a written statement before the Tribunal, no evidence was led by the Insurance Company. There is no dispute with respect to the occurrence of the accident and there was also no evidence led with respect to the negligence of the driver of the vehicle which had caused the accident. In such OP(MAC).186/14 3 circumstances, it is not clear as to why the Tribunal is insisting for production of the scene mahazar and the mahazar of the lorry especially since the evidence has been closed as early as on 06.03.2014.
4. In the above circumstances the MACT, Kollam, shall pass an Award, at least, within a period of three months from the date of receipt of a certified copy of this judgment.
Original Petition disposed of.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//