IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Tr.P(C).No. 19 of 2007() ------------------------ OPMV.63/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... PETITIONER: --------------------- SADANANDA SARMA, AGED 63 YEARS, S/O.VIKKARI VODYAR, JAYANTHI NIVAS, MATHILIL P.O., MATHILILCHIRA, KOLLAM. BY ADVS. MR.P.PUSHPARAJAN, MR.MANJU ANTONEY, MR.RAJA. P.R.S. RESPONDENT(S): ---------------------------- 1. SMT.JANCY SARMA, W/O.UMESH SARMA, PWD PUDUVAL, NEAR RC CHURCH, MATHILIL P.O., KADAVOOR, KOLLAM. 2. VISHNU SARMA (MINOR), S/O.UMESH SARMA, REP. BY HIS MOTHER SMT.JANCY SARMA, OF DO. DO. * 3. THE PROPRIETOR, SIDHARTH TRANSPORT, TRCC, 206/261, 83 MUTT ROAD, CHAMARAJ PET, BANGALORE, (REGISTERED OWNER OF HR 55/6059). * 4. BHUPATHI, AGED 28 YEARS, S/O.KAILASOM, DOOR NO.3/24, VADAKKALPUTHOOR, YATHUVADIYAL, NAMAKKAL TALUK, NAMAKKAL DISTRICT. (LICENSE NO.E/T.N/28/007141/03). *R3 & R4 REMOVED FROM THE PARTY ARRAY AS PER ORDER DTD. 1/07/2009 IN I.A.NO.1353/09. Kss ..2/- ..2... TPC.NO.19/2007 5. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, NAMAKKAL (INSURER OF LORRY BEARING REGN. NO.HR 55/6059). 6. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., ST.JOSEPH PRESS BUILDING, VAZHUTHACAUD, TRIVANDRUM. (INSURER OF KL-2/M-7293 MARUTI CAR). R1 & R2 BY ADVS.MR.T.M.ABDUL LATHEEF, MR.A.MOHAMED RASHEED. R5 BY ADV. SMT.M.LALITHA NAIR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.19 OF 2009 -------------------------- Dated this the 10th day of August 2009 ------------------------------------- O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure . Petitioner is the claimant in O.P 256 of 2005 on the file of the Motor Accident Claims Tribunal, Kollam. The claim has been raised in respect of the death of his son who succumbed to the injuries sustained in a motor accident. Another claim petition filed by the wife and child of the victim, first and second respondents in the petition, is pending before the Motor Accident Claims Tribunal, Attingal. Petitioner aged 63 years is a senior citizen and he has much difficulties and inconveniences to attend before the M.A.C.T, Attingal, situate at a far off place. Petitioner seeks transfer of the petition filed by the first Tr.P.(C).No.19 OF 2009 Page numbers and second respondents to the MACT, Kollam where his claim petition is pending for adjudication. 2. Notice being given, first and second respondents and also 5th respondent, one of the insurers, have entered appearance. Notice was served on 6th respondent, the other insurer, but it has not entered appearance. Petition failed to dispense service to R3 and R4 has been allowed. First and second respondents have filed a counter opposing the application. 3. I heard the counsel on both sides. Having heard the counsel at length and taking note of the facts and circumstances presented, I find that the inconvenience likely to be caused to the first respondent, the widow who has to look after the second respondent, a five year old child will be much more when compared with that of the petitioner in considering the question of transfer of the claim petition from one M.A.C.T to another. Tr.P.(C).No.19 OF 2009 Page numbers On the facts presented, it appears an expeditious disposal of the claim petition is necessary to advance the ends of justice. It will be better for the parties if both the claim petitions are tried by one tribunal so that conflicting decisions can be avoided and also for speedy disposal. Considering the comparative hardship and inconvenience of the parties, I find that transfer of O.P(M.V) No. 256/2005 on the file of the MACT, Kollam to MACT, Attingal where O.P (M.V) No.63/2004 filed by the wife is pending is necessary to advance the ends of justice. The learned MACT, Attingal is directed to give the claim petition top priority and dispose them as expeditiously as possible. The insurer, 5th respondent, shall also make an earnest attempt to see whether there is possibility to settle the claim. O.P(MV) 256 of 2005 on the file of MACT, Kollam is ordered to be Tr.P.(C).No.19 OF 2009 Page numbers transferred to MACT, Attingal, subject to the above directions. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv