IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Tr.P(C).No. 325 of 2009() ------------------------- OPMV.378/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA OPMV.697/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER/3RD RESPONDENT: --------------------------------------------- THE UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA BRANCH, REPRESENTED BY THE DEPUTY MANAGER, OFFICE OF THE REGIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.RAJESH THOMAS RESPONDENTS/PETITIONER/IST & 2ND RESPONDENT: ----------------------------------- 1. BIJOY VARGHESE, S/O.VARGHESE, PINAKKATTUPARAMBIL HOUSE, MANJALLOR VILLAGE, VAZHAKULAM P.O. 2. SATHEESH, S/O.VASU, PULIKKATHARA HOUSE, NELLOOR P.O., MARADU, ERNAKULAM DIST. 3. NYJU JOSEPH, S/O.JOSEPH, NELLOOR HOUSE, VAZHAKULAM KARA, MANJALLOOR VILLAGE. 4. SURESH, S/O.GEORGE, PADINJAREMALAYIL HOUSE, SETTLEMENT COLONY, VAZHAKULAM, NOW RESIDING AT PADINJAREMALAYIL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE. 5. JOSEPH, S/O.MATHAI, CHERU PARAMBIL HOUSE, VAZHAKULAM P.O 6. SATHEESH, S/O.VASU, PULIKKATHARA HOUSE, NELLOOR P.O., MARADY. ADV. SRI.P.V.ELIAS FOR R4 SRI.K.UNNI VARGHESE FOR R4 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.325 of 2009 --------------------------------------- Dated this 01st day of July, 2010 ORDER Respondent Nos.1, 2, 5 and 6 are served but, there is no response. Respondent No.4 has appeared through counsel. So far as respondent No.3 is concerned, as per order dated 16-11-2009 of this court, notice was served on his counsel which amounts to sufficient service as provided under Rule 59 of the Kerala High Court Rules. As such, service on counsel for respondent No.3 is sufficient. 2. Prayer in this petition is to consolidate two claim petitions pending in the Motor Accidents Claims Tribunal at Muvattupuzha and Thodupuzha. According to the petitioner, both the claim petitions arise out of same accident and involved collision of two vehicles. It is contended that since the issue regarding negligence arises in both the cases it is necessary that these cases are tried and disposed of by the same court to avoid divergent findings as to cause of accident and liability for payment of compensation. Respondent No.1 has filed O.P.No.378 of 2007 in the MACT at Muvattupuzha while respondent No.4 has filed O.P.No.697 of 2006 at MACT at Thodupuzha. Learned counsel states that injured has filed separate claim petitions which are Tr.P.C.No.325 of 2009 : 2 : pending in the MACT, Muvattupuzha. In the above circumstance, it is only just and proper that case pending in MACT, Thodupuzha is also brought to the MACT, Muvattupuzha. Resultantly this petitions is allowed and O.P.(M.V)No.697 of 2006 pending in the MACT, Thodupuzha is withdrawn from that court and transferred to the MACT, Muvattupuzha. The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-