IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Tr.P(C).No. 155 of 2011() ------------------------------ OPMV.612/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... PETITIONERS/RESPONDENTS 4 & 5 IN O.P.(MV): ---------------------------------------------------------- 1. SOVI, AGED 42 YEARS,W/O.LATE SEBASTIAN THOMAS, KALAPPURAKKAL HOUSE, PRAVITHANAM, NOW RESIDING AT THOTTUMKRA HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM. 2. BLESSY MOL, AGED 7 YEARS (MINOR)REP.BY HER MOTHER & NEXT FRIEND SOVI, AGED 42, W/O.LATE SEBASTIAN THOMAS, KALAPPURAKKAL HOUSE, PRAVITHRANAM NOW RESIDING AT THOTTUMKARA HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM. BY ADV. SRI.M.V.SABU RESPONDENT(S):PETITIONER & RESPONDENTS 1, 2 AND 3 IN THE O.P.(MV) ------------------------------------------------------------------------------ 1. MARY VARKEY @ MEENU, AGED 47,W/O.LATE SEBASTIAN THOMAS, KALAPPURAKKAL HOUSE,CHENNUGAKKUNDAM P.O., PAYAM EAST, KANNUR DISTRICT - 670 631. 2. K.B.RAJESH, S/O.BALAN, AGED 29,KOMATH VALAPPIL HOUSE, VAYATHUR AMSOM,ERUTHUKADAVU P.O., ULIKKAL, KANNUR DISTRICT - 670 702. 3. BHASKARAN, S/O.NARAYANAN NAMBIAR,ALORA HOUSE, P.O.MADATHIL, IRITTY, KANNUR DISTRICT - 670 304. 4. UNITED INDIA INSURANCE CO.LTD.,THALASSERY BRANCH, P.B.NO.97, ASHEEQUE TOWERS, NARANGAPURAM,THALASSERY, PIN - 679 532. R1 BY ADVS. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.ANIL.D.KAITHAKKAL R4 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, ALONG WITH TPC NO.199 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs TPC.NO.155/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 06/07/2007 ISSUED BY THE TAHSILDAR, THALASSERY TALUK. ANNEXURE A2:COPY OF O.P.(MV) NO.1199/06 BEFORE THE MACT, MUVATTUPUZHA. ANNEXURE A3:COPY OF THE PETITION O.P.(MV)NO.612/2006 BEFORE THE MACT, THALASSERY. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.155 and 199 of 2011 --------------------------------------- Dated this 31st day of August, 2011 ORDER Adv.M.V.Sabu takes notice for respondents 1 and 2 in Tr.P (C).No.199 of 2011. Otherwise, steps are complete in both the proceedings. 2. Concerning the death of one Thomas in a motor accident, rival claims have been filed by those who claimed to be the wife and children of the said Thomas. One is O.P(M.V). No.1199 of 2006 filed before M.A.C.T, Muvattupuzha and the other is O.P(M.V).No.612 of 2006 filed before M.A.C.T, Thalassery. I am told that petitioner in O.P(M.V).No.612 of 2006 of M.A.C.T, Thalassery was later impleaded as additional fourth respondent in O.P(M.V).No.1199 of 2006 of M.A.C.T, Muvattupuzha. These proceedings are for transfer of the cases to Tribunal of convenience of petitioners. 3. Since there is rival claims as to who is the wife of deceased Thomas, it is necessary that both the cases are tried and disposed of jointly by the same Tribunal to avoid conflicting finding. Hence the claim petitions are to be disposed of by the same Tribunal. Tr.P(C).Nos.155 and 199 of 2011 -: 2 :- 4. Next question is, which is the Court of convenience. Petitioners in Tr.P(C).No.155 of 2011 wants the case pending in M.A.C.T, Thalassrey to be transferred to M.A.C.T, Muvattupuzha while petitioner in Tr.P(C).No.199 of 2011 wants the case pending in M.A.C.T, Muvattupuzha to be transferred to M.A.C.T, Thalassery. 5. Both sides agree that having regard to the difficulties that parties may have to suffer if the cases are consolidated either at Muvattupuzha or Thalassery that the cases may be transferred to M.A.C.T, Ernakulam. I am inclined to accept the suggestion. Resultantly these petitions are disposed of as follows: (i) O.P(M.V).No.1199 of 2006 of M.A.C.T, Muvattupuzha is withdrawn from that Tribunal and transferred to M.A.C.T, Ernakulam. O.P(M.V). No.612 of 2006 of M.A.C.T, Thalassery is withdrawn from that Tribunal and transferred to M.A.C.T, Ernakulam. (ii) The transferor Tribunal shall transmit records of the cases to the transferee Tribunal with due intimation to the counsel on both sides as to the date of appearance in the transferee Tribunal. (iii) It is open to the parties to request the M.A.C.T, Ernakulam for joint trial of the cases. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-