IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH FEBRUARY 2007 / 8TH PHALGUNA 1928 Tr.Appeal(C).No. 3 of 2007() AGAINST THE JUDGEMENT IN TPC.311/2006 Dated 15/12/2006 OPMV.346/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD APPELLANT/PETITIONER KARUPPASWAMY, S/O. RANGASWAMY KOUNDER, AGED 36 YEARS, RESIDING AT MOOLAKKADA, MEENAKSHIPURAM, MOOLATHARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: RESPONDENTS 1. K.K.KOCHUMARAKKAR, KUMMANCHERI HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERI, KOCHI. 2. SHAJIMON, S/O. PURUSHOTHAMAN, PUTHUVAYAL NORTH VEEDU, CHERTHALA, ALAPPUZHA DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LTD., MANAPPATT CENTRE, HMT JUNCTION, P.B.NO.17, KALAMASSERY, KOCHI. R1 BY ADV. C.K.ABDUL RAHIM SRI.K.A.SHAMSUDEEN R3 BY ADVS. M/S.MATHEWS JACOB (SR.) AND P.JACOB MATHEW THIS TRANSFER APPEAL(CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.150/2007 IN TR.A(C) NO.3/2007 DISMISSED SD/- KURIAN JOSEPH, JUDGE 27/2/2007 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// ahz/ KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------ Tr.Appeal (C) NO. 3 OF 2007 ------------------------------------ Dated this the 27th day of February,2007 JUDGMENT Kurian Joseph, J. This appeal is at the instance of the petitioner in Transfer Petition (C) No.311 of 2006, who is the claimant in O.P.(MV) No.346 of 2000, on the file of the Motor Accidents Claims Tribunal, Palakkad, seeking transfer of the case to the Additional Motor Accidents Claims Tribunal, Palakkad where O.P.(MV) No.194 of 1998 was pending. This is a case where there were four claim petitions arising out of the very same accident and two of them had already been transferred to the Additional Motor Accidents Claims Tribunal, Palakkad and one claim petition had already been decided also. It was in such circumstances, the application for transfer was made. The learned single Judge dismissed the petition. Hence this appeal. Counsel appearing for the insurance company as Tr..APPEAL (C). NO.3 OF 2007 :: 2 :: well as the owner of the vehicle submit that they have no serious objection in transferring the case to the Additional Motor Accidents Claims Tribunal, Palakkad since one of the claim petitions has already been decided. Thus, it is fairly clear that it is for the convenience of the parties that the transfer petition is allowed. We set aside the order dated 15.12.2006 in Tr.P.(C)No. 311 of 2006 and O.P.(MV) No.346 of 2000 is transferred to the Additional Motor Accidents Claims Tribunal, Palakkad. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/ KURIAN JOSEPH& K.T.SANKARAN, JJ. ------------------------ ----------------------- T.APPEAL(C)NO.3 OF 2007 JUDGMENT 27th February, 2007 ------------------------