IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Tr.P(C).No. 223 of 2008() ------------------------- O.P(MV).2109/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER : ------------ THE NEW INDIA ASSURANCE COMPANY LTD., KOZHIKODE, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI- 11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: ------------ 1. P.T. AYISHABI, D/O. AHMED KOYA, P.T. HOUSE, H.N. 12/419, GUJARATHI STREET, CALICUT. 2. P.T. RAZI, S/O. LATE ABDUL MAJEED, DO.DO. 3. P.T. RASHAD, S/O. LATE ABDUL MAJEED, DO.DO. 4. MR. SHAILESH KUMAR, 21/34, ANNAYILLAM, PANNIYANKARA, KALLAI P.O., CALICUT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 223/2008 ORDER ON I.A. NO.2060 OF 2008 IN Tr.P(C).NO. 223 of 2008 DISMISSED SD/- 4/09/2008 M.SASIDHARAN NAMBIAR,JUDGE /TRUE COPY/ P.A. TO JUDGE M.SASIDHARAN NAMBIAR, J. ........................................... TR.P.(C).No. 223 OF 2008 ............................................ DATED THIS THE 4TH DAY OF SEPTEMBER, 2008 ORDER Insurance Company filed this transfer petition to transfer O.P(MV) 2109 of 2004 from the file of MACT, Kozhikode to some other Tribunal. Case of the petitioner is that vehicle involved in the accident, which caused the death of deceased Abdul Majeed is not the vehicle insured with petitioner but another vehicle and deceased Abdul Majeed was the manager of the Bar Association Kozhikode and petitioner apprehends that justice will not be met if the case is tried by the Tribunal at Kozhikode. The other reason stated is that an interim award under Section 140 of Motor Vehicle Act was passed in spite of the contention of the petitioner and production of materials to show that vehicle involved in the accident is not the one alleged in the petition but another vehicle. I do not find that the case is to be transferred on any of these grounds. The fact that deceased Abdul Majeed was Manager of the Bar Association will never weigh with the MACT, while considering the claim petition. Therefore on that ground, an order of transfer cannot be passed. Similarly, fact that an order was passed by the Tribunal overruling the case TR.P.C. 223/2008 2 pleaded by petitioner granting interim award under Section 140 of Motor Vehicle Act is also not a ground to order transfer. If petitioner is aggrieved by that order, remedy is to challenge that order and not transfer of the case. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-