IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH SEPTEMBER 2007 / 20TH BHADRA 1929 Tr.P(C).No. 153 of 2007() ------------------------- OPMV.538/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... PETITIONERS ----------------------------- 1. SUNITHAKUMARI, KRISHNAVILASATHU VEEDU, ELAMPALLIL MURI, PALLICKAL VILLAGE, ADOOR. 2. MIDHURA, AGED 9 YEARS, D/O. SUNITHA KUMARI, MINOR, REPRESENTED BY MOTHER AND GUARDIAN - 1ST PETITIONER. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- 1. A.P.PADMANABHAN, KOLLAMPARAMBIL HOUSE, AVALUKKUNNU P.O., ALAPPUZHA. 2. C.J.JOBY, S/O. JOY, CHERUVATHOOR HOUSE, VYSSERI, KUNNAMKULAM, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD., SHANMUGHAM ROAD, KOCHI, ERNAKULAM, REP. BY THE BRANCH MANAGER. 4. CHELLAPPAN A., S/O. ADICHAN, KAVITHA, THAMARAKKULAM, MAVELIKKARA, KERALA. 5. ORIENTAL INSURANCE CO. LTD., PAZHAVANGADI BRANCH, TRIVANDRUM. 6. R.VARGHESE, PUTHEN PURAKKAL HOUSE, NEAR CHAKKANTHARA CHURCH, CHAKKANTHARA, PALAKKAD. 7. R.DOLI VARGHESE, W/O. R.VARGHESE, PUTHEN PURAKKAL HOUSE, NEAR CHAKKANTHARA CHURCH, CHAKKANTHARA, PALAKKAD. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.Krishnan, J. ======================== Tr.P(C).No.153 of 2007 ======================== Dated this the 11th day of September, 2007. JUDGMENT This petition is preferred to transfer O.P.(M.V.)No.62 of 2001 pending before the Motor Accidents Claims Tribunal, Palakkad to the Additional M.A.C.T., Mavelikkara where O.P. (M.V.) No.538 of 2004 is pending. 2. Unfortunately, in a road accident one Rajan died. His parents filed an application for compensation as O.P.(M.V.)No.62 of 2001 before the M.A.C.T., Palakkad. Meanwhile in the year 2004 one Sunithakumari and Midhura alleging to be the wife and daughter of deceased Rajan preferred a claim petition as O.P. (M.V.) No.538 of 2004 before the Additional M.A.C.T., Mavelikkara. Now the petitioners in O.P.(M.V.)No.538 of 2004 had filed an application for transfer as O.P.(M.V.)No.62 of 2001 pending before the M.A.C.T., Palakkad to Mavelikkara. 3. Heard counsel on both sides. It has to be stated that Tr.P(C)No.153/07 -: 2 :- positively both cases have to be tried by one and the same Tribunal. Otherwise, there may be conflicting decisions. Secondly, parents of deceased Rajan are not made parties in O.P. (M.V.) No.538 of 2004 whereas the transfer petitioners were made parties in O.P.(M.V.)No.62 of 2001. There is no dispute with respect to the fact that the petitioners in O.P.(M.V.)No.62 of 2001 are the parents of deceased Rajan. The dispute is with respect to the status of the wife and daughter in O.P.(M.V.) No.538 of 2004. Motor Vehicles Act envisages a situation where necessary parties can be impleaded as respondents and now in the light of that all the parties readily available before the M.A.C.T. , Palakkad in O.P.(M.V.) No.62 of 2001. I am informed that a claim of Rs.15 lakhs is in O.P.(M.V.) No.62 of 2001 whereas in the other case, it is only about Rs.8 lakhs. 4. Taking into consideration the entire circumstances, I feel that it will be better and appropriate that the case pending before the Additional M.A.C.T., Mavelikkara is transferred to the M.A.C.T. at Palakkad for hearing, evidence and disposal. Therefore, the case, O.P.(M.V.)No.538 of 2004 pending before the Additional M.A.C.T., Mavelikkara is withdrawn and is Tr.P(C)No.153/07 -: 3 :- transferred to the M.A.C.T. at Palakkad for joint trial with O.P. (M.V.)No.62 of 2001. The Tribunal shall give notice to all the parties before the trial commences. The parties are directed to appear before the Tribunal at Palakkad on 31.10.2007. Transfer Petition is disposed of accordingly. M.N.Krishnan, Judge. ess 12/9