IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Tr.P(C).No. 209 of 2008() ------------------------- OP.219/2008 of MACT ALAPPUZHA .................... PETITIONER: ------------------ RAJAMMA, 67 YEARS, W/O.LATE NARAYANAN, SRUTHI BHAVAN, MANNADY PO., MANADY KALAI, KIZHAKKU MURI, KODAMPANAD VILLAGE,ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS: ------------------------ 1. SEETHA.P.T., 32 YEARS, W/O.LATE BINU NARAYANAN, SRUTHI BHAVAN, MANNADY, NOW R/AT. PULICKAL VEEDU, KALAVOOR PO., ALAPPUZHA. 2. ARJUN, AGED 7 YEARS (MINOR)REPRESENTED BY THE FIRST RESPONDENT HEREIN AS NEXT FRIEND AND GUARDIAN, S/O.LATE BINU NARAYAN, SRUTHI BHAVAN, MANNADY, NOW RESIDING AT PULICKAL VEEDU, KALAVOOR PO., ALAPPUZHA. 3. SUBRAMANYAN, AGED 49 YEARS, S/O.SUPPAN, DOOR NO.19/A, APPU STREET, DESAI NAGAR, VETORDAM, BELEM BILLE, TAMIL NADU. 4. P.GANESAN, AGED 58 YEARS, S/O.PONNI SWAMI, T.C.M.COLONY, B-1/53, METTAR DAM PO., SALEM HILLS, TAMIL NADU. 5. BENCY SANTHOSH, W/O.SANTHOSH, ANANDA BHAVAN,MANNADY PO., ADOOR. 6. SANTHOSH, S/O.SADANANDAN, ANANDA BHAVAN, MANNADY PO., ADOOR. 7. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY DIVISIONAL MANAGER, THIRUVALLA 8. THE UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, SKP BUILDINGS, BEACH ROAD, KOLLAM.PO. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ........................................... TR.P(C).No. 209 OF 2008 ............................................ DATED THIS THE 22ND DAY OF AUGUST, 2008 ORDER This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P 219 of 2008 filed by the widow and the minor son claiming compensation for the death of Narayanan, son of petitioner. Case of the petitioner is that she for herself as well as for the second respondent, minor son of the deceased, filed O.P(MV)6 of 2008 before MACT, Pathanamthitta, whereunder first respondent is also made a party(7th respondent) and the question to be decided in both the petitions is the entitlement and quantum of compensation and therefore O.P (MV) 219 of 2008 pending before MACT, Alappuzha is to be transferred to MACT, Pathanamthitta. 2. Learned counsel appearing for petitioner argued that respondents 1 and 2 are also residing at Adoor and therefore it is for their convenience also to have the case at Pathanamthitta. But the transfer petition itself shows that first respondent is residing at Kalavoor of Alappuzha and address of respondents 1 and 2 shown in O.P(MV) 219 of 2008 is that they are residing at Alappuzha. In such circumstances, when the major portion of the TPC 209 OF 2008 2 compensation should go to the wife and minor son of the deceased, especially when the mother of the deceased is aged 67 years, I do not find any necessity to transfer the said O.P to Pathanamthitta. I do not find it necessary for the petitioner to prosecute O.S.6 of 2008 at Pathanamthitta or all the parties including petitioner are parties. Petitioner is at liberty to approach MACT, Pathanamthitta to permit her to withdraw the petition with liberty to claim the compensation in O.P.219 of 2008. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-