IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Tr.P(C).No. 292 of 2009() ------------------------- OPMV.277/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... PETITIONER/3RD RESPONDENT IN O.P.(MV).277/07 OF MACT, OTTAPPALAM AND O.P.(MV).NO.901/07, MACT, PALA.: ------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., SRIVLLI BUILDING CHITTOOR PALAKKAD REPRESENTED BY ITS AUTHORIZED ATTORNEY, REGIONAL OFFICE KANDAMKULATHY TOWERS M.G.ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENT(S)/CLAIMANTS AND RESPONDENTS 1 AND 2 IN O.P.(MV).277/07, 901/07 ON THE FILES OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM AND PALA RESPECTIVELY: --------------- 1. VIJAYALAKSHMI, AGED 35 YEARS W/O. DECEASED SOMAN THATTAPARAMBIL HOUSE PAMBRA POST, MANNARKKADU TALUK, PALAKKAD. 2. MADHAVI, W/O. LATE SANKARAN, MOTHER OF THE DECEASED SOMAN, THATTARAPARAMBIL HOUSE PAMBRA POST MANNARKKADU TALUK,PALAKKAD. 3. KUMARI VISHNUPRIYA, D/O. LATE SOMN THATTAPARAMBIL HOUSE, PAMBRA POST, MANNARKKADU TALUK PALAKKAD, REPRESENTED BY MRS. VIJAYALAKSHMI (MOTHER) AS NEXDT FRIEND AND GUARDIAN, THATTAPRAMBIL HOUSE PAMBRA POST MANNARKKADU TALUK, PALAKKAD. 4. SARADA SOMAN, W/O. LATE SOMAN, THATTAPARAMBIL PALAMPRA POST KOOVAPPALLY VILLAGE KANJIRAPALLY,KOTTAYAM DISTRICT. 5. SINU SIBY W/O. SIBY, KANAMKOTTIL MUTTAPPALLY.P.O., MUKKUTTUTHARA, ERUMELY, KANJIRAPPALLY. TPC.292/09 6. ANTOCHAN.K.J. S/O. JOSE, AGED 26 YEARS, RESIDING AT KILIMANGALATH HOUSE THANNEERMUKKAM, CHERTHALA, ALAPPUZHA DISTRICT. 7. RENJU MATHEW, S/O. JOHN MATHEW, RSIDING AT IX/489, MARUTHA ROAD, CHANDRA NAGAR PALAKKAD-678007. ADV. SRI.MATHEW JOHN (K) FOR R4 & R5 SRI.AJEESH K.SASI FOR R4 & R5 SRI.K.B.ARUNKUMAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.3016/09 IN Tr.P.(C).292/2009 DISMISSED. 11.1.2010 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.292 OF 2009 () ----------------------------------- Dated this the 11th day of January, 2010 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is an Insurance company. Two claim petitions have been filed in two different Tribunal by the legal heirs of one deceased Soman, who succumbed to the injuries sustained in a motor accident. A claim petition as O.P.(MV).No.901 of 2007 has been filed by one set of persons claiming to be the wife and child of the above said victim before the MACT, Pala. Another claim petition as O.P.(MV). No.277 of 2007 has been filed by another set of three persons, mother of the victim, his wife and minor child, before the MACT, Ottapalam. At the time of hearing, the learned counsel for the petitioner submitted that yet another petition in respect of the same accident has been filed by another, a pillion rider travelling in the vehicle involved in the accident, as O.P.(MV).No.280 of 2007 before the MACT, Ottapalam. The present petition has been filed to transfer O.P.(MV). No.901 of 2007 from the MACT, Pala to MACT, Ottapalam for a joint trial of all the claim petitions together. Tr.P.(C).292/09 2 2. Notice given, the respondents 1, 4 and 5 have entered appearance. The 1st respondent is one among the claimants in O.P.(MV).No.277 of 2007 on the file of the MACT, Ottapalam and respondents 4 and 5, the claimants in O.P.No.901 of 2007 on the file of the MACT, Pala. The learned counsel appearing for the respective respondents submitted that they have no objection for the transfer requested for by the petitioner Insurance company. Considering the submissions made and taking note of the facts and circumstances presented, I direct the MACT, Pala to transfer O.P.(MV).No.901 of 2007 to the MACT, Ottapalam for joint trial of that petition with O.P.(MV).No.280 of 2007, which is also stated to be pending before that Tribunal. The MACT, Pala shall transmit the records of O.P.(MV).No.901 of 2007 to the MACT, Ottapalam without delay. The transferee court, on receipt of the records shall give notice to the parties for appearance. Transfer petition is allowed as above. S.S.SATHEESACHANDRAN JUDGE prp