IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Tr.P(C).No. 245 of 2009() ------------------------- OPMV.330/2006 of I ADDL.DISTRICT & SESSIONS COURT, KOLLAM) .................... PETITIONER(S): ------------------------- MOHAMMED HANEEFA,S/O.ABOOBAKER, MARUPURATH VEEDU,KADAKKAL P.O.,KOLLAM. BY ADV. MR.PRATHEESH.P RESPONDENT(S): ---------------------------- 1. DAHIYA B., 606/6 SIOR NAGAR,KONTHURURUTHU,KOCHI-13. 2. BIJU,S/O.SIVADASAN, SUDARSANAVILASOM,KUTTAPURAM P.O., MDL NO.4098/D5/99 DATED 8.8.1995 TO 7.8.1998. 3. M/S.ORIENTAL INSURANCE CO.LTD.,KOLLAM. (COCHIN POLICY) POLICY NO.330/2005. 4. NATIONAL INSURANCE CO.LTD.,KOLLAM. POLICY NO.8310447 KOCHI POLICY/2005. 5. SURESH,S/O.VISWAMBHARAN, AGED 30 YEARS,KADAYIL VEEDU, ANAPPARA,KUMMIL P.O. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.245 OF 2009 -------------------------- Dated this the 24th day of August 2009 ------------------------------------- O R D E R Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Petitioner has filed a claim petition as O.P (MV) No. 330 of 2006 before the Motor Accidents Claims Tribunal, Kollam seeking compensation for the injury sustained in a motor accident. The MACT, Kollam has transferred the case to the Additional MACT, Kollam. Grievance of the petitioner is that another claim raised in respect of the same accident, by the driver of one of the two vehicles involved in the accident is pending before the MACT, Kollam as O.P (MV) No. 288/2006. That claim petition is still retained on the file of the MACT, Kollam. Petitioner seeks transfer of O.P (MV) No. Tr.P.(C).No.245 OF 2009 Page numbers 330/2006 from Additional MACT, Kollam to MACT, Kollam for joint trial of the two claim petitions. 2. I heard the counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. It is open to the petitioner to file a petition before the MACT, Kollam to recall the case transferred to Additional MACT, Kollam for joint trial of the two claim petitions. If any such application is moved by the petitioner, MACT, Kollam, it shall pass appropriate orders in accordance with law needless to point out claim petitions arising in respect of the same accident have to be considered by the same Tribunal to avoid conflicting decisions. Subject to the above observations and reserving the right of the petitioner to move the MACT, Kollam as stated Tr.P.(C).No.245 OF 2009 Page numbers above, the petition is disposed. Hand over a copy of the order to the counsel on both sides on usual terms. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv Tr.P.(C).No.245 OF 2009 Page numbers