IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 TR.P(C).NO. 313 OF 2009() ------------------------- OPMV.196/2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER/PETITIONER IN O.P. ------------------------------------------------- VIJAYAKUMARAN NAIR,S/O.GOPALAN NAIR, AGED 54,KOTTAYIL HOUSE,KOORALI.PO,ELAMKULAM VILLAGE,KANJIRAPPALLY TALUK,KOTTAYAM DISTRICT. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): REPONDENTS IN O.P. ----------------------------------------------------- 1. BENNY THOMAS,S/O.THOMAS,ANITHOTTATHIL, ETTUMANNOOR.PO,KOTTAYAM. 2. PRAVEEN.M.G.,S/O.M.T.GOPALAN, MADAPPALLIL HOUSE,ETTUMANOOR.PO, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD, REPRESENTED BY ITS MANAGER DIVISIONAL OFFICE NO.1, MATTETHARA BUILDINGS,3RD FLOOR, BAKER JUNCTION, KOTTAYAM. ADV. DR.ELIZABETH VARKEY FOR R3 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.313 of 2009 ==================================== Dated this the 11th day of August, 2010 O R D E R As per order dated 09.11.2009 notice was served on the counsel appearing for petitioner in the court below and petitioner has filed a memo to that effect. Service of notice on counsel is sufficient in view of Section 59(1) of the Kerala High Court Act. Respondent No.3 has entered appearance. 2. Prayer in this petition is to transfer O.P(MV)No.196 of 2007 from the Motor Accidents Claims Tribunal, Ernakulam to MACT, Pala. It is stated that petitioner suffered serious injuries in a motor accident that occurred on 25.10.2006 and on account of that, he is unable to travel. Petitioner has produced two colour photographs which show that he suffered serious injuries on his right leg. There is justification in his grievance that he is not able to travel for long distance. Having regard to the facts and circumstances I am inclined to allow this petition. Resultantly, this petition is allowed in the following lines: (i) O.P(MV) No.196 of 2007 pending in MACT Ernakulam is withdrawn from that Tribunal and made Tr.P(C) No.313 of 2009 -: 2 :- over to MACT, Pala for disposal. (ii) The transferor Tribunal while transmitting records of the case to the transferee Tribunal shall fix date for appearance of parties in the transferee Tribunal with due intimation to the counsel for all parties. THOMAS P. JOSEPH, JUDGE. vsv