Allowed

Shiny Varghese v. Shaji

Kerala HC9 Jul 2009Tr.P(C)/257/2007

Case brief

AI extract

What is this about?

The Kerala High Court transferred a pending Motor Accidents Claims Tribunal claim petition from Pathanamthitta to Thiruvananthapuram under Section 24 CPC. The transfer was in the interest of justice as the claimants, now residing in Thiruvananthapuram, found it difficult to prosecute the case in Pathanamthitta.

What did the court decide?

Direction to the MACT, Pathanamthitta to transfer OP(MV) No.1370/03 to the MACT, Thiruvananthapuram, which shall dispose of the petition expeditiously.

Shiny Varghese Vs Shaji — Motor Accident Claims | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Tr.P(C).No. 257 of 2007() ------------------------OPMV.1370/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA ....................

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PETITIONER:

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-------------------SHINY VARGHESE, W/O.LATE THOMAS MATHEW, AGED 42 YEARS, RESIDING AT T.C.30/1748-1, CHAYAKUDI ROAD, SIKHAMANI LANE, PETTAH P.O., THIRUVANANTHAPURAM.

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BY ADVS. MR.AYYAPPAN SANKAR, MR.G.SURARSHAN, MR.M.ZIYAD, MR.S.M.NOWFI, MR.M.M.RAJNEESH, MR.S.VINODKUMAR.

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RESPONDENT(S):

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---------------------------------1. SHAJI.A.R., S/O.RAMAN, ALUMPALLIL VEEDU, THITTAMEL, CHENGANNOOR P.O., CHENGANNOOR TALUK, ALAPPUZHA. (DRIVER OF THE MINI LORRY KL-04-F-2914).

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2. SUNNY ZACHARIAH, S/O.K.C.ZACHARIAH, M/S.K.C.ZACHARIAH AND CO., BETHEL JN., CHENGANNOOR P.O., CHENGANNOOR TALUK, ALAPPUZHA. (OWNER OF THE MINI LORRY KL-04-F-2914).

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3. THE BRANCH MANAGER, M/S.NEW INDIA ASSURANCE CO. LTD., CHENGANNOOR BRANCH, CHENGANNOOR P.O., CHENGANNOOR TALUK, ALAPPUZHA.

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R2 BY ADV.MR.MVS.NAMBOOTHIRY R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, MR.P.JACOB MATHEW .

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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S.S. SATHEESACHANDRAN, J.

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Transfer Petition (C) No. 257 OF 2007 ````````````````````````````````````````````````````

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Dated this the 9^th day of July, 2009

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O R D E R

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The above petition for transfer is filed under section 24 of the CPC. Petitioners are the claimants in OP(MV) No.1370/03 pending on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. First petitioner is the widow and the other petitioners, the children of one Thomas Mathew, who succumbed to the injuries sustained in a motor accident on 31.5.2003. The petitioners are permanently settled at Thiruvananthapuram and they find it difficult to prosecute the clam petition, which was filed and now pending before the MACT, Pathanamthitta, is the cause shown for transfer. Previously, the parents of the 1^st petitioner, who resided at Pathanamthitta, on behalf of the petitioners prosecuted the claim but they are now no more, is the further cause shown. Notice of the application being given, respondents 2 and 3 have entered appearance through counsel. The 1^st respondent has not turned up. The 1^st respondent is stated to be the driver of the offending vehicle. His absence in the present

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Tr.P.C.257/07

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: 2 :

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proceedings is not at all material. After having heard the counsel on both sides, with none of the respondents who appeared having no objection to the transfer, I find in the interest of justice the claim petition has to be transferred as prayed for. The MACT, Pathanamthitta is directed to transfer OP(MV) No.1370/03 to the MACT, Thiruvananthapuram. The MACT, Thiruvananthapuram is also directed to dispose of the claim petition expeditiously on receipt of records. Petition is allowed as above.

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Sd/- (S.S. SATHEESACHANDRAN, JUDGE)

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aks

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// True Copy //

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P.A. to Judge

Shiny Varghese v. Shaji

Case brief

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Shiny Varghese v. Shaji

Case brief

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