IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Tr.P(C).No. 303 of 2009() OPMV.801/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR ------------------------------ PETITIONER: PETITIONER IN OP(MV): S.BIJU, S/O.SIVARAMAN ACHARY, SANGEETHA HOUSE, NADUVILAKKARA, UMAYANALLOOR P.O. KOTTIYAM, KOLLAM. BY ADV. MR.R.SURAJ KUMAR SMT.GEETHA P.MENON MR. N.AJITH MR .P.M.NEELAKANDAN RESPONDENTS:RESPONDENTS IN OP(MV): 1. ABHILASH, S/O.GOPALAKRISHNA PILLAI, MATTAPPALLIL VEEDU, NADUVILAKKARA P.O., KOLLAM. (OWNER). 2. SIBISH, S/O.MANIYAN, SIBISH BHAVAN, EDAVATTOM, VELLIMON (MDL NO.Q.6054/2002) (RIDER). 3. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM BRANCH, KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.303 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2009 O R D E R 1. Petitioner is the claimant in O.P.(MV) NO.801 of 2005 on the file of the Motor Accidents Claims Tribunal (MACT), Punalur. Petitioner has filed the petition for transfer under Section 24 of the Code of Civil Procedure. 2. Petitioner has raised the claim in respect of the injuries suffered by him in a motor accident involving a vehicle owned by the first respondent, ridden by the second respondent, and insured by the third respondent. The grounds canvassed for transfer are that there is no regular sitting of MACT, Punalur, for the last one year, since no Presiding Officer is posted, and that the petitioner is still to recover from the injuries suffered. 3. On the submissions made that the first and second respondents, owner and rider had elected to remain absent, after receiving notice in the claim petition and only third Tr.P.C.303 OF 2009 2 respondent had entered appearance, notice was directed on the counsel served but the third respondent/insurer. A memo has been filed evidencing such service. 4. I heard the counsel on both sides. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the transfer of O.P.(MV) NO.801 of 2005 on the file of the Motor Accidents Claims Tribunal (MACT), Punalur to MACT, Kollam. MACT, Punalur shall transmit the records of the claim petition to MACT, Kollam without delay. The transferee Tribunal, MACT, Kollam, on receipt of records shall give notice to the parties for appearance. S.S. SATHEESACHANDRAN JUDGE nl