IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Tr.P(C).No. 94 of 2009() ------------------------ OPMV.112/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/2ND RESPONDENT IN O.P.(MV)1174/2007 MACT,ALAPPUZHA: ------------------------------------------------------------------------------------------------------------- THE UNITED INDIA INSURANCE COMPANY LTD, ALAPPUZHA BRANCH REPRESENTED BY THE DEPUTY MANAGER, OFFICE OF THE REGIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD, HOSPITAL ROAD, ERNAKULAM. BY ADV. MR.RAJESH THOMAS RESPONDENT(S): PETITIONERS, 1 TO 4 & 1 & 3 RESPONDENTS IN OP(MV)1174/2007 MACT ALAPPUZHA: --------------------------------------------------------------------------------------- 1. MARIYAMMA ABRAHAM, AGED 68 YEARS, W/O.JOSEPH ABRAHAM, PULIKEKALATHIL HOUSE, MUTTAR P.O., MUTTAR VILLAGE, KUTTANADU TALUK, ALAPUZHA DIST. 2. JOSE ABRAHAM, S/O.JOSEPH ABRAHAM, PULIKEKALATHIL HOUSE, MUTTAR P.O., MUTTAR VILLAGE, KUTTANADU TALUK, ALAPUZHA DIST. 3. GEORGE ABRAHAM, AGED 49 YEARS, PULIKEKALATHIL HOUSE, MUTTAR P.O., MUTTAR VILLAGE, KUTTANADU TALUK, ALAPUZHA DIST. 4. TOMY ABRAHAM, AGED 46 YEARS, PULIKEKALATHIL HOUSE, MUTTAR P.O., MUTTAR VILLAGE, KUTTANADU TALUK, ALAPUZHA DIST. 5. P.K.MATHEW, PAYYAMPALLIL HOUSE, DAVARAMBA, CHERUPUZHA, KANNUR DISTRICT (RC OWNER & DRIVER OF THE JEEP BEARING REG.NO.KL 13D 5741). 6. SINDHUMOL MATHEW, S/O.ABRAHAM ANTO, PAYYAMPALLIL HOUSE, DAVARAMBA, CHERUPUZHA, KANNUR DISTRICT. R1 TO R4 BY ADV.MR.J.OM PRAKASH R5 BY ADV.MR .V.N.RAMESAN NAMBISAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.94 of 2009 --------------------------------- Dated this the 29th day of July, 2009 O R D E R This petition for transfer is filed under Section 24 CPC. Petitioner is an insurance company of an offending vehicle involved in a motor accident which resulted in the death of one Abraham Anto. Legal heirs of the victim have filed two claim petitions, the widow and child before the MACT, Thalassery and the mother and brothers of the victim, claiming to be dependants, before the MACT, Alappuzha. O.P.No.112/2007 is the petition filed by the wife and child before the MACT, Thalassery, and O.P.(MV)1174/2007 claimed by the mother and brothers of the victim before the MACT, Alappuzha. The insurer who has been impleaded as one among the respondents in both the claim petitions has filed this petition seeking transfer of O.P. (MV).No.1174/2007 from MACT, Alappuzha to MACT, Thalassery for a joint trial of O.P(MV).No.112/2007 pending before that court. 2. Notice of the application being given and respondents 1 to 3 and fifth respondent have entered appearance through Tr.P.C.No.94 of 2009 2 counsel. Fourth respondent has been served. Service could not be effected on sixth respondent. It is submitted that fifth respondent is the father of the sixth respondent who is stated to be abroad. I find no notice is required on sixth respondent and it is dispensed with. 3. I heard the counsel on both sides. 4. The accident took place at Kannur, the registration of the crime was at that place and policy of the vehicle was also issued from there, are canvassed by the learned counsel for the insurer for transfer of the claim petition filed before the MACT, Alappuzha to MACT, Thalassery, where the claim petition of the widow and child of the victim is pending consideration. Learned counsel for respondents 1 to 3, claimants in the petition pending before the MACT, Alappuzha submitted that mother of the victim, who is one among the claimants, is pretty aged and transfer of the O.P. may cause a lot of inconvenience to her. Presence of the mother of the victim to adjudicate the claim may not be essential and whatever compensation she is entitled to as a legal heir, naturally, would be given to her along with other legal heirs, widow and child of the victim. So much so, with the mother Tr.P.C.No.94 of 2009 3 some other claimants, brothers of the victim, have also joined in the claim petition, whether they are dependants of the victim, all these matters are to be considered by the Tribunal. In considering the question of transfer, the place at which the claim petition preferred by the widow and the child, who have lost the breadwinner, should be taken note of. Further, it is also seen that the accident, registration of the crime, issue of policy and the residence of the driver and owner of the offending vehicle, all are situate within the jurisdiction of MACT, Thalassery. That is also a circumstance justifying the request of the insurer to have the transfer of the claim petition filed in respect of the very same accident in another Tribunal, MACT, Alappuzha. So, I direct the MACT, Alappuzha to transmit the records of O.P.(MV) 1174/2007 to the MACT, Thalassery. The records are to be forwarded, at any rate, within one month from the date of receipt of a copy of this order. The transferee court on receipt of records shall issue notice to the parties for appearance. The petition is allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-