Jacob Thomas @ Shaju v. United India Insurance Co.Ltd.
Case brief
What is this about?
In a transfer petition under Section 24 CPC, the High Court transferred a long-pending motor vehicle accident claim petition from the MACT at Kottayam to the MACT at Ernakulam. The court found that the distance of witnesses and experts and the complexity of the case necessitated the transfer for the ends of justice.
What did the court decide?
Transfer of O.P.(MV).No.1683 of 1997 from MACT, Kottayam to MACT, Ernakulam.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931
Tr.P(C).No. 230 of 2009()
--------------------------------------OPMV.1683/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
PETITIONER: (S)
------------------------
JACOB THOMAS @ SHAJU, KOSAMATTOM HOUSE, MANNARCAD.
BY ADV.MR.M.M.MATHEW
RESPONDENT(S):
-------------------------
Issues for consideration
2 issues framed by the court
Whether the claim petition filed under the Motor Vehicles Act should be transferred from the Motor Accident Claims Tribunal, Kottayam to the Court at Ernakulam to advance the ends of justice.
Whether the distance of witnesses and experts and the incompetence of insurance officers in Kottayam to settle higher claims justify the transfer.
Parties & counsel
- petitioner
Jacob Thomas @ Shaju
- respondent
United India Insurance Co. Ltd.
Coram
S.S. Satheesacheran
Case details
As recorded by the court registry
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