IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Tr.P(C).No. 179 of 2009() ---------------------------------- OPMV.612/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... PETITIONER -------------------- S. SANKARA WARRIER, S/O.CHAKRAPANI WARRIER VYSAKHAM, ROSE BAZAR ROAD, VIYYUR-680 010, REPRESENTED BY HIS WIFE A.C.LAKSHMYKUTTY WARRIER. BY ADV. MR.SHEJI P.ABRAHAM RESPONDENT(S): ------------------------ 1. RAMESH K.R., S/O.RAMACHANDRAN, KANJIRAVALAPPIL HOUSE, EDAKKALATHUR P.O., TRICHUR. 2. PARAMESWARAN, S/O.NARAYANAN NAMBOODIRI, 1/71, POONULLI MANA, VIYYUR P.O., TRICHUR. 3. UNITED INDIA INSURANCE CO.LTD., PARK HOUSE, ROUND NORTH, TRICHUR. R2 BY ADV. MR.C.HARIKUMAR, SMT.MOLLY KOSHY . R3 BY ADV. MR.UNNI. K.K. (EZHUMATTOOR) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.179 of 2009 --------------------------------- Dated this the 31st day of July, 2009 O R D E R Petition for transfer is filed under Section 24 CPC. Petitioner is the claimant in O.P.(MV).No.612/2007 pending before the MACT Ottappalam. Claim has been filed for compensation for the loss and injuries suffered by him in a motor accident involving the vehicle driven by the first respondent, owned by the second respondent and insured with the third respondent. Petitioner permanently settled at Thrissur and consequent to the injuries in the accident, is bedridden and paralysed, is the case canvassed for the transfer of the claim petition to the MACT, Thrissur. 2. Notice of the application given the respondents have entered appearance. None of them has any objection to transfer the claim petition as sought for by the petitioner. It is also submitted that the accident took place within the jurisdiction of the MACT, Thrissur and by mistake the claim petition was presented before the MACT, Ottappalam. Whatever that be, I Tr.P.C.No.179 of 2009 2 find that there is no legal hurdle in transferring the petition from MACT, Ottappalam to MACT, Thrissuur and further it is stated to be advantageous to all the parties in the proceedings. So much so, I direct for transfer of O.P.(MV).No.612/2007 from the MACT, Ottappallam to MACT, Thrissur. MACT, Ottappalam is directed to transmit the records of the above case to the transferee court without delay. The MACT, Thrissur on receipt of the records shall issue notice to the parties for their appearance. The petition allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-