IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 1548 of 2005() ----------------------- OPMV.1060/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. P.K.RAMAKRISHNAN NAIR, S/O.PADMANABHA PILLAI, PUTHENPURAYIL HOUSE, KIZHAKKEKARA, MUVATTUPUZHA. 2. GEETHA, W/O.RAMAKRISHNAN NAIR, DO.DO. 3. PREETHA, W/O.AJITHKUMAR, HOUSE NO.6, KT JACOB NAGAR, MUVATTUPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. K.V.NARAYANAN, KUDUKKUVALAPPIL HOUSE, VILAYANCODE P.O., MANDOOR, KANNUR DISTRICT. 2. PRASANNAN, S/O.GOVINDAN, KUTTIVALAPPIL HOUSE, CERUTHAZHAM, PURAPPERI, KANNUR. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., TEMPLE ROAD, PAYYANNOOR. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR ADMISSION ON 24/09/2009 ALONG WITH MACA NOS. 719 OF 2006, 1099 OF 2006, 1050 OF 2006, 1113, OF 2006, 836 OF 2009, 879 OF 2009 AND 1192 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.A.C.A. NOS.1548 OF 2005, 719, 1050, 1099 & 1113 OF 2006 & 836, 879 & 1192 of 2009 --------------------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT Kurian Joseph, J. These are appeals pertaining to the claims for compensation arising out of one and the same accident which took place on 1.5.2000 at Edattu near Payyannur, involving a lorry and a Tata Sumo. M.A.C.A. No.1548 of 2005 is filed by the claimants and the other appeals are filed by the Insurance Company. It appears that two sets of petitions were filed, one set before the Motor Accidents Claims Tribunal, Muvattupuzha and another set before the Motor Accidents Claims Tribunal, Kollam. The Motor Accidents Claims Tribunal, Kollam allowed the petitions finding negligence on the part of the driver of the lorry whereas the Motor Accidents Claims Tribunal, Muvattupuzha has taken the view that negligence is on the part of the driver of the Tata Sumo. When the appeals came up for hearing, it was represented that one more appeal, M.A.C.A. No.836 of 2009 is pending in regard to the same issue. By consent of M.A.C.A. NO. 1548/2005 & Connected Cases 2 parties, the said appeal is called along with these appeals and is being disposed of by this common judgment. 2. In view of the divergent views taken by the Motor Accidents Claims Tribunal at Kollam and Muvattupuzha, we are of the view that the appeals are to be remitted to one Tribunal where all the claim petitions shall be considered in a joint trial. We find that it is expedient that the Motor Accidents Claims Tribunal, Kollam decides the cases. Accordingly we set aside the awards in these cases and remit the matters to the Motor Accidents Claims Tribunal, Kollam with a direction to consolidate all the claim petitions in respect of the same accident and conduct a joint trial. The Motor Accidents Claims Tribunal Muvattupuzha is directed to transmit the files in respect of O.P.(MV) Nos.974 of 2000, 975 of 2000, 976 of 2000, 978 of 2000 and 1060 of 2000 to the Motor Accidents Claims Tribunal, Kollam. The above cases will stand transferred to the Motor Accidents Claims Tribunal, Kollam to be heard along with the other connected cases in respect of the same accident. The parties are directed to appear before the Motor Accidents Claims Tribunal, Kollam on 11.11.2009. Since the accident is of the year 2000, there will M.A.C.A. NO. 1548/2005 & Connected Cases 3 be a direction to the Motor Accidents Claims Tribunal, Kollam to dispose of the cases on or before 31.12.2009. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.A.C.A. NO. 1548/2005 & Connected Cases 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. M.A.C.A. NOS.1548/2005 & 719, 1050, 1099 & 1113/2006 JUDGMENT 24th September, 2009 M.A.C.A. NO. 1548/2005 & Connected Cases 5