IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH DECEMBER 2006 / 17TH AGRAHAYANA 1928 Tr.P(C).No. 315 of 2006() ------------------------- PETITIONER/CLAIMANT : -------------------------------- RAJAN, S/O. LATE KUNJU, AGED 42 YEARS, PLACHIMADA MOOLATHARA VILLAGE, KANNIMARY, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. SHAJIMON, S/O. PURUSHOTHAMAN, PUTHUVAYAL NORTH VEEDU, CHERTHALA, ALAPPUZHA DT. 2. K.K. KOCHUMARAKKAR, KUMMANCHERI HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERI, KOCHI 3. THE NATIONAL INSURANCE COMPANY LTD, MANAPPATT CENTRE, HMT JUNCTION, P.B. NO.17, KALAMASSERY, KOCHI. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. -------------------------- Tr.P.(C)NO. 315 OF 2006 ------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2006 ORDER Petitioner is the claimant in O.P.(MV)206/98 on the file of Motor Accident Claims Tribunal, Palakkad. This petition is filed to transfer the case to Addl. Motor Accident Claims Tribunal, Palakkad contending that O.P.(MV)194/98 is pending there and all the relevant records are produced in that case. So that all the cases could be jointly tried. 2. Learned Counsel appearing for petitioner was heard. 3. On hearing learned Counsel appearing for the petitioner, I do not find any valid ground to order transfer. Even according to petitioner, another claim petition filed by the legal heirs of the deceased in the same accident was disposed by tribunal. In such circumstances, for the purpose of establishing negligence, it is not necessary to transfer the case to have a joint trial with other cases. As far as the claim of damages for the injuries sustained by petitioner is concerned, the fact that the other claimants suffered injury or claimed compensation are not grounds to have a joint trial of this case with other cases. I find no reason to allow the transfer sought for. Petition dismissed. M.SASIDHARAN NAMBIAR,JUDGE Acd