IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Tr.P(C).No. 147 of 2010() ------------------------------------ OPMV.43/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER (S): ------------------------ DR.KIRAN.D.R, S/O. RAMACHANDRACHARIYAR, ASST. PROFESSOR, DEPARTMENT OF MEDICINE, KARUNA MEDICAL COLLEGE, CHITTUR, PALAKKAD DISTRICT. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): --------------------------- 1. ANIL KUMAR, S/O. MANI, ERUTHEMPATHY HOUSE, POOPARAMBIL QUARTERS, P.O. MULLUKKARA, THRISSUR DISTRICT, RESIDING AT CHAKRA STREET, ERUTHEMPATHY, KOZHIJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 2. K.P. NIRANJAN, S/O. PUTTASWAMY.B HOUSE NO. 8 A, 12, OPP. JAYALAKSHMI DEVI COLLEGE, RANGA RAO COLONY, R.K. NAGAR, I BLOCK, MYSORE DISTRICT. 3. THE NEW INDIA INSURANCE COMPANY LIMITED, 73 FIRST FLOOR, MADHAVESH COMPLEX, NAZARBAD ROD, MYSORE - 570 010. ADV. SMT.P.K.SANTHAMMA FOR R3 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kl. THOMAS P JOSEPH, J. --------------------------------------- Tr.P.(C) NO.147 OF 2010 -------------------------------------------------- Dated this the 7th day of September, 2010. ORDER This petition for transfer of M.V(OP) No.43 of 2009 of M.A.C.T, Thrissur to MACT, Palakkad. An accident occurred at Kozhinjampara (within the local limits of jurisdiction of MACT, Palakkad) involving two motor cycles ridden by petitioner and respondent No.1 on 29-08-2008. Both sustained injuries. Respondent No.1 filed MV(OP)No.43 of 2009 in MACT, Thrissur while petitioner filed MV(OP) No.636 of 2009 in MACT, Palakkad. Petitioner states that since both petitions arise out of the same accident, it is necessary that both petitions are tried by the same Tribunal to avoid divergent findings. According to the petitioner, respondent No.1 is a resident of Kozhinjampara though, for the purpose of facilitating filing of the claim in MACT, Thrissur a temporary address as if he is residing in Thrissur District was shown. 2. Respondent Nos. 1 to 2 are served on this petition. But, they have not responded. Respondent no.3, the insurer has appeared through counsel. I have heard counsel for petitioner and respondents No.3. 3. Learned counsel for petitioner states that notice of this petition was served on respondent No. 1 in his address at Kozhinjampara and that in the Criminal case also the same address is given for respondent No.1. Since both the claims arise from the same accident Tr.P.(C) NO.147 OF 2010 2 it is necessary that the claims are disposed by the same Tribunal. Otherwise, there is possibility of divergent findings being entered on the same issues involved in the cases. Having regard to the facts and circumstances stated and considering the fact that permanent address of respondent No.1 is at Kozhinjampara where the accident occurred which is within the local limits of jurisdiction of MACT, Palakkad, I am inclined to allow this petition. Resultantly, this petition is allowed in the following lines: i. MV(OP) No.43 of 2009 is withdrawn from MACT, Thrussur and made over to MACT, Palakkad for trial and disposal. ii. The Transferrer court while transmitting records of the case shall fix date of appearance of the parties in the transferee court with due intimation to the counsel on both sides iii. Question whether MV(OP)No.43 of 2009 (being transferred from MACT, Thrissur) and MV (OP) No.636 of 2009 pending in the transferee court are to be tried jointly shall be decided by the transferee court. THOMAS P JOSEPH,JUDGE. pm