IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Tr.P(C).No. 54 of 2009 ------------------------------- OP(MV).NO.137/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... PETITIONERS/CLAIMANTS: --------------------------------------- 1. ANU KURIAKOSE, AGED 22 YEARS, D/O.KURIAKOSE K.T., KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPALAM, NOW RESIDING AT KALATHIL HOUSE, KATTUKODE, VADAKKANCHERRY, PALAKKAD DISTRICT. 2. MINOR RINU KURIAKOSE, AGED 17 YEARS, REP. BY NEXT FRIEND AND GUARDIAN HER ELDER SISTER ANU KURIAKOSE, KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPALAM, NOW RESIDING AT KALATHIL HOUSE, KATTUKODE, VADAKKANCHERRY, PALAKKAD DISTRICT. BY ADVS. MR.MATHEWS K.PHILIP, SMT.NIMMY K.ALILAKUZHYIL. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. BABUJAN, S/O.RAHAMATH, 7/134, KUNAN HOUSE, PANANGOTTUTHERUVU, PUTHUCODE, PALAKKAD DISTRICT. 2. KURIAKOSE K.T., S/O.THOMAS, KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPPALAM, PALAKKAD. 3. UNITED INDIA INSURANCE COMPANY LIMITED, 10/29, G.B.ROAD, P.B.NO.6, PALAKKAD - 678 001. R3 BY ADV. MR.N.S.MOHAMMED USMAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------- T.P.(C) No. 54 OF 2009 ----------------------------- DATED THIS THE 24TH DAY OF JULY 2009 JUDGMENT The petition is filed for transfer under Section 24 of the Code of Civil Procedure. 2. Petitioners are the claimants in OP(MV)No. 137/2006 on the file of the Motor Accidents Claims Tribunal, Ottapalam. The claim petition has been filed seeking compensation for the death of the mother of the claimants, who succumbed to the injuries sustained in a motor accident occurred on 15-8-2005 at a place within the jurisdiction of Peechy Police station. Petitioners are now permanently settled at Thrissur and they are unable to go over to MACT, Ottapalam to prosecute the claim petition owing to their pre-occupation and studies is the case for transferring the claim petition from M.A.C.T, Ottapalam to M.A.C.T, Thrissur. Notice was ordered to the respondents. Petitioner was also directed to serve notice on the counsel appearing for the respondents in the T.P.(C) No. 54 OF 2009 2 tribunal. A memo has been filed evidencing that notice had been served on the counsel for the 1st respondent. 2nd respondent in the petition is stated to be the father of the petitioners/claimants in the petition for compensation. I am satisfied that due service has been effected on the 1st respondent and no notice is required for the 2nd respondent. The 3rd respondent has entered appearance through it's counsel. 3. Heard the counsel on both sides. 4. Having regard to the submissions made and the facts and circumstances presented I direct the transfer of OP(MV) No.137/2006 on the file of the Motor Accidents' Claims Tribunal, Ottapalam to M.A.C.T Thrissur. M.A.C.T Thrissur on receipt of the records from M.A.C.T, Ottapalam shall give notice for appearance of the parties. S.S.SATHEESACHANDRAN (JUDGE) pkk