IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Tr.P(C).No. 228 of 2011() ----------------------------------- OP(MV)NO.415/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONERS ---------------------- 1. LATHA K.S., D/O.SANKARAN EMBRANTHIRI AND W/O.SHAMBU NAMBOODIRI, AGED 45 YEARS, RESIDING AT KAVIL THOTTAM, MANIMALA ROAD, EDAPPALLY POST, COCHIN - 682 024. 2. SHAMBU NAMBOODIRI, S/O.LATE NARAYANAN NAMBOODIRI, AGED 50 YEARS, RESIDING AT KAVIL THOTTAM, MANIMALA ROAD, EDAPPALLY POST, COCHIN - 682 024. BY ADV. SRI.K.P.RAMACHANDRAN SMT.BINDHU PAULOSE RESPONDENT(S): --------------------------- 1. SRI.KUMARAN, S/O.LATE OLAVAN, ALAKKALA HOUSE, PARIYARAM KARA, AIKKARANAD SOUTH VILLAGE, ERNAKULAM DISTRICT. 2. SMT.KUNJAMMA, W/O.LATE OLAVAN, ALAKKALA HOUSE, PARIYARAM KARA, AIKKARANAD SOUTH VILLAGE, ERNAKULAM DISTRICT. 3. SRI.RAJU, S/O.NARAYANAN, OOLIKKUDIYIL HOUSE, MEEMPARA KARA, AIKKARANAD SOUTH VILLAGE, ERNAKULAM DISTRICT, PIN - 682 308. 4. THE NATIONAL INSURANCE COMPANY LIMITED, 2ND FLOOR, MULLAPPALLY BUILDINGS, A.M.ROAD, P.B.NO.24, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542. 5. SRI.GOVINDAN NAMBOODIRI, S/O.E.G.NARAYANAN NAMBOODIRI, INCHOOR ILLAM, THRIKKARIYOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 692. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TR.P(C)NO.228/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1: COPY OF THE SALE AGREEMENT DATED 31/01/2004, EXECUTED BETWEEN THE 1ST PETITIONER AND THE RESPONDENT NO.5. ANNEX A2: COPY OF THE OFFICIAL INTIMATION LETTER CUM REQUEST LETTER FOR CHANGING THE OWNERSHIP IN FAVOUR OF RESPONDENT NO.5, SUBMITTED BY THE PETITIONER TO THE REGIONAL TRANSPORT OFFICER, ERNAKULAM REGARDING THE SALE AND TRANSFER OF VEHICLE NO.KL-7Z-8683. ANNEX A3: COPY OF THE FORM NO.29 AND 30 DULY FILLED AND SIGNED BY THE 1ST PETITIONER FOR SUBMITTING THE SAME BY THE PURCHASER (5TH RESPONDENT) TO EFFECT THE CHANGE OF OWNERSHIP IN HIS NAME BY THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. ANNEX A4: COPY OF THE LETTER DATED 31/08/2004, SUBMITTED BY THE PETITIONER NO.1 TO THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. ANNEX A5: COPY OF THE REQUEST LETTER DATED 17/11/2008 SUBMITTED BY THE 1ST PETITIONER TO THE REGIONAL TRANSPORT OFFICER, ERNAKULAM AND TO THE JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM. ANNEX A6: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, EVIDENCING THAT REQUEST LETTER DATED 17/11/2008 IS RECEIVED BY JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM ON 20/11/2008. ANNEX A7: COPY OF THE PAPER PUBLICATION GIVEN BY THE 1ST PETITIONER IN THE KERALA KAUMUDI DAILY DATED 20/04/2009. ANNEX A8: COPY OF THE REPLY DATED 15/02/2010, RECEIVED BY THE 1ST PETITIONER FROM REGIONAL TRANSPORT OFFICER, ERNAKULAM. ANNEX A9: COPY OF THE WP(C)NO.27225/2010 FILED BY THE 1ST PETITIONER NOW PENDING BEFORE THE HONOURABLE HIGH COURT. ANNEX A10: COPY OF THE CLAIM PETITION, NUMBERED AS O.P.(MV).NO.415/2007, PRESENTED BY RESPONDENT NO.1 AND 2, PENDING BEFORE THE HONOURABLE MOTOR ACCIDENT'S CLAIMS TRIBUNAL, MUVATTUPUZHA. ANNEX A11: COPY OF THE FIR NO.168/2006 DATED 11/05/2006 OF THE PUTHENCRUZ POLICE STATION. ANNEX A12: COPY OF THE CHARGE SHEET DATED 14/10/2006 IN CRIME NO.168/2006 OF PUTHENCRUZ POLICE STATION. ANNEX A13: COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT (PETITIONER NO.1 HEREIN) IN O.P.(MV)NO.415/2007. ANNEX A14: COPY OF THE WRITTEN STATEMENT DATED 03/12/2009,FILED BY THE ADDITIONAL 4TH RESPONDENT (2ND PETITIONER HEREIN) IN O.P.(MV) ANNEX A15: COPY OF THE LIST OF DOCUMENTS FILED BY 1ST RESPONDENT (PETITIONER NO.1 HEREIN) AND THE ADDITIONAL 4TH RESPONDENT IN O.P.(MV)NO.415/2007. 2/- -2- TR.P.(C)NO.228/2011 ANNEX A16: COPY OF THE AFFIDAVIT AND PETITION DATED 04/12/2009 FILED BY 1ST RESPONDENT (PETITIONER NO.1 HEREIN) IN I.A.NO.2824/2009 IN O.P.(MV) NO.415/2007. ANNEX A17: COPY OF THE AFFIDAVIT AND PETITION DATED 11/12/2009 FILED BY 1ST RESPONDENT (PETITIONER NO.1 HEREIN) IN I.A.NO.2875/2009 IN O.P.(MV) NO.415/2007. ANNEX A18: COPY OF the AFFIDAVIT DATED 17/05/2011 FILED BY 1ST RESPONDENT (PETITIONER NO.1 HEREIN) IN O.P(MV) NO.415/2007. ANNEX A19: COPY OF THE AFFIDAVIT AND PETITION DATED 28/05/2011 FILED BY 1ST RESPONDENT (PETITIONER NO.1 HEREIN) IN I.A.NO.1186/2011 IN O.P.(MV) NO.415/2007. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.228 of 2011 -------------------------------------- Dated this the 20th day of July, 2011. ORDER First respondent and the additional fourth respondent in O.P.(MV) No.415 of 2007 of Motor Accidents Claims Tribunal, Muvattupuzha are the petitioners before me requesting for a transfer of that petition to the Motor Accidents Claims Tribunal, Ernakulam. It is stated that petitioners are residing at Edapapply and that it is difficult for them to go to Muvattupuzha and conduct the case. Learned counsel has submitted that petitioners had filed I.A.No.2824 of 2009 in O.P.(MV) No.415 of 2007 to issue summons to the Station House Officer, Puthencruiz to produce certain documents but that application was dismissed notwithstanding that there was no objection. According to the learned counsel, facts and circumstances necessitated a transfer of O.P.(MV) No.415 of 2007 to the Motor Accidents Claims Tribunal, Ernakulam. 2. I have heard learned counsel and gone through the averments in the petition and find that on the grounds stated the request for transfer cannot be entertained. So far as distance aspect stated by petitioners is concerned, they are residents of Edappally and I am not inclined to think that Muvattupuzha is that much a far away place so that, petitioners cannot go to that place. Nor is there any other reason to allow the request. Tr.P(C)228 of 2011 2 Resultantly this petition is dismissed. I.A.No.1661 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks