IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Tr.P(C).No. 167 of 2011() ------------------------- OPMV.1079/2010 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... PETITIONER -------------------- DR.SEETHARAMAN, SON OF JANARDHANAN, AGED 65 YEARS, HOUSE NO.9/218, SREE SHANMUGHAVILAS, PUNALUR, PUNALUR P.O., KOLLAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): --------------- 1. VIVEK ASOKAN, MINOR, REP. BY HIS FATHER AND NATURAL GUARDIAN ASOKAN, S/O.LATE VELAYUDHAN, SREE NILAYAM, ORA NO.80, NEAR JYOTHIS SCHOOL, KARIYIL, MENAMKULAM, KAZHAKKUTTAM P.O., THIRUVANANTHAPURAM DISTRICT-695001. 2. ASOKAN, SON OF LATE VELAYUDHAN, SREE NILAYAM, ORA NO.80, NEAR JYOTHIS SCHOOL, KARIYIL, MENAMKULAM, KAZHAKKUTTAM P.O., THIRUVANANTHAPURAM DISTRICT-695001. 3. AKHIL RAJ, SON OF RAVEENDRAN, AKHIL BHAVAN, NEAR VILLAGE OFFICE, EROM, THADICADU P.O., ANCHAL, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-695001. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 167 of 2011() PETITIONER'S ANNEXURES: ANN: A:- COPY OF AGREEMENT DTD.12.11.2009 EXECUTED BETWEEN SEETHARAMAN AND SAJEEVAN. ANN:B:- COPY OF OP(MV) NO.1079/2010 FILED BY VIVEK ASOKAN BEFORE THE MACT, THIRUVANANTHAPURAM DTD. 5.11.2010. ANN:C:- COPY OF IA NO.4188/2010 IN OP(MV)NO.1079/2010 FILED BY VIVEK ASOKAN DTD. 5.11.2010. ANN:D:- COPY OF COUNTER AFFIDAVIT FILED BY SEETHARAMAN IN IA NO.4188/2010 IN OP(MV) NO.1079/2010. ANN:E:- COPY OF IA NO.463/2011 IN OP(MV) NO.1079/2010 FILED BY DR.SEETHARAMAN. ANN:F:- COPY OF OP(MV) NO.266/2011 FILED BY ASOKAN BEFORE THE MACT, ATTINGAL DTD.15.3.2011. RESPONDENTS ANNEXURES: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------- Tr.P(C)No.167 OF 2011 ------------------------------- Dated this the 1st day of July, 2011 ORDER The petitioner is the first respondent in OP(MV)No.1079 of 2010 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. That claim was filed by the first respondent. The petitioner is also the first respondent in OP(MV) No.266 of 2011 on the file of the Motor Accident Claims Tribunal, Attingal, which was filed by the second respondent. It is stated that both the aforesaid cases arise out of the same accident, which allegedly took place on 13.8.2010. The vehicle involved in the accident was the one allegedly sold by the petitioner to one Sajeevan, and a motor bike. It is also stated that the first respondent minor who filed OP No.1079 of 2010 is the son of the second respondent, who filed OP(MV)No.266 of 2011. The case filed by the son is before the Motor Accident Claims Tribunal, Thiruvananthapuram, while case filed by the father is before the Motor Accident Claims Tribunal, Attingal. In both the cases, the Tr.P(C)No.167 OF 2011 2 petitioner is the first respondent. The prayer in this Transfer Petition is to transfer OP No.1079 of 2010 pending before the Motor Accident Claims Tribunal, Thiruvananthapuram to the Motor Accident Claims Tribunal, Attingal where OP(MV)No.266 of 2011 is pending. 2. Though the respondents were served with notice, there is no appearance. 3. From the facts narrated above, it would appear that to suit the general convenience of the parties and to avoid conflicting decisions, it would be ideal if both the aforesaid cases are tried and disposed of by the same Motor Accident Claims Tribunal. In the facts and circumstances, the prayer in the Transfer Petition is liable to be allowed. Accordingly, the Transfer Petition is allowed. OP No.1079 of 2010 pending before the Motor Accident Claims Tribunal, Thiruvananthapuram shall stand transferred to the Tr.P(C)No.167 OF 2011 3 Motor Accident Claims Tribunal, Attingal, where OP(MV) No.266 of 2011 is pending. K.T.SANKARAN, JUDGE. cms