IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Tr.P(C).No. 212 of 2009() ------------------------- (TO TRANSFER OP(MV) .321/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR TO M.A.C.T., ATTINGAL TO BE TRIED ALONG WITH O.P.(M.V.)NO.1010/05) .................... PETITIONER ------------------------------ UNITED INDIA INSURANCE COMPANY LIMITED, ATTINGAL, NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS: --------------- 1. VASANTHA.K., PUTHUVALIL PUTHEN VEEDU, VETTIYARA P.O., CHAVARCODU, NAVAYIKULAM. 2. MAYA.M.V., -DO- -DO- 3. SANTHA, D/O.DEVAYANI, PARAKKETTIL PUTHIYA VEEDU, EDATHARA P.O., KADAKKAL. 4. T.GEORGE DENSINGH HILLAR, S/O.S.DEVASAHAYAM, DOOR NO.4-42C, THIRUROOLA NAGAR, AZHAGAPPAPURAM, AGASTHEESWARAM, K.K.DISTRICT, TAMIL NADU. 5. T.DHASAN, S/O.T.THANKAMANI, 11/9/9/92C, CHEKKARA VILAI, KAKOODUTHADAI, K.K.DISTRICT, TAMIL NADU. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.212 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th October, 2009 ORDER Petition for transfer is filed under Section 24 of the C.P.C. Petitioner is the insurance company which had issued a policy in respect of the offending vehicle involved in a motor accident leading to the death of one Manian. Two claim petitions have been filed by two sets of parties, both claiming to be the wife and children of the above said Manian, at two different Tribunals, one set as O.P.(M.V.) No.1010 of 2005 before the M.A.C.T., Attingal and the other set as O.P.(M.V.)No.321 of 2006 before the M.A.C.T., Punalur. Petitioner/insurance company seeks transfer of the claim petition pending on the file of the M.A.C.T., Punalur to M.A.C.T., Attingal for joint trial and disposal. 2. Notice of the application was given to the respondents. Respondents 1 to 4 have been served. Notice to the 5th respondent was returned. 5th respondent is stated to be the rider of the motor bike involved in the accident. Nonservice of notice on 5th respondent, in the given facts of the case, is found to be not material. Those served, respondents 1 to 4, have not entered appearance. Tr.P.C.No.212/09 - 2 - 3. I heard the learned counsel for the petitioner/insurance company. The company has satisfied the interim award passed in O.P.(M.V.)No.1010 of 2005 under Section 140 of the M.V.Act is canvassed by the counsel for transfer of the claim petition pending before the M.A.C.T., Punalur to M.A.C.T., Attingal. Having regard to the submissions made and the facts and circumstances presented, I find that the claimants in O.P.(M.V.)No.321 of 2006 pending before the M.A.C.T.Punalur are likely to be put to severe hardship and injury if their claim petition is transferred to M.A.C.T., Attingal as canvassed by the petitioner. It appears that the interest of justice will be served if both the petitions are transferred to M.A.C.T., Kollam. The fact that in the claim petition, O.P.(M.V.)No.1010 of 2005, interim award was satisfied by the insurance company in depositing that sum is not a material circumstance justifying transfer of the other claim petition pending before another Tribunal, the M.A.C.T., Attingal. In case, the amount deposited by the insurance company is not released to the claimant in O.P.(M.V.)No.1010 of 2005, it is ordered that release shall be effected only after proper enquiry as to whether the claimants in the other claim petition are also entitled to share in the amount deposited. If release has already been made, then also while Tr.P.C.No.212/09 - 3 - disposing the claim petitions, the court shall pass appropriate orders depending upon the proved facts as established in the claim petitions as to who are all entitled to the benefits in respect of deceased Manian in the motor accident. The M.A.C.T., Kollam shall give top most priority in the trial of both the petitions so that the petitions are disposed at an early date. The M.A.C.T., Attingal and M.A.C.T., Punalur are directed to transfer the respective claim petitions on their files, as referred to above, to M.A.C.T., Kollam at an early date, after giving notice to the parties in the respective petitions. The transferee Tribunal (M.A.C.T., Kollam), on receipt of the records, shall give notice to the parties in both the petitions for appearance. Transfer Petition is disposed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE Tr.P.C.No.212/09 - 4 -