Allowed

Mohanan v. Abdul Salam

Kerala HC10 Nov 2009Tr.P(C)/287/2009

Case brief

AI extract

What is this about?

A single judge of the Kerala High Court transferred a motor accident claim petition from the Tribunal at Punalur to the Tribunal at Kollam under Section 24 CPC. The transfer was ordered due to more than 1.5 years inactivity at the former venue and the petitioner's permanent disability requiring early disposal.

What did the court decide?

Transfer of O.P.(MV).No.287 of 2005 from MACT, Punalur to MACT, Kollam ordered.

Mohanan Vs Abdul Salam — Execution and Attachment | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN

¶4

TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931

¶5

Tr.P(C).No. 287 of 2009

¶6

------------------------OPMV.287/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR

¶7

PETITIONER/APPLICANT:

¶8

¶9

MOHANAN, S/O.VASUDEVAN, THATTASSERIL PADINJATTIL,

¶10

EZHUKON P.O., KOLLAM DISTRICT.

¶11

BY ADV. MR.N.SASIDHARAN UNNITHAN

¶12

RESPONDENTS/ RESPONDENTS:

¶13

¶14

ABDUL SALAM, PAVOOR THEKKETHIL, MUNEER MANZIL, PANAYAM, KOLLAM DISTRICT. (OWNER CUM DRIVER OF MOTOR CYCLE NO.KL 2 G-4776)

¶15

BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., NAVANEETHA BUILDINGS, MUKKADA, KUNDARA, KOLLAM DISTRICT. (INSURER OF MOTOR CYCLE NO.KL 2 G-4776)

¶16

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

S.S.SATHEESACHANDRAN, J.

¶18

Tr.P.C.No.287 of 2009

¶19

Dated this the 10^th day of November, 2009

¶20

O R D E R

¶21

Petition for transfer is filed under Section 24 of the CPC. Petitioner is the claimant in O.P.(MV).No.287 of 2005 on the file of the MACT, Punalur. Petitioner seeks transfer of that O.P. from MACT, Punalur to MACT, Kollam, stating that there has been no sitting in the former Tribunal for the last more than 1½ years. Petitioner is permanently disabled due to the injury sustained in a motor accident and still undergoing treatment incurring a lot of expenses and so much so, an early disposal of his claim petition, according to him, is essential to advance the ends of justice.

¶22

Notice was ordered to the respondents, but, none has entered appearance. I heard the counsel for the petitioner.

¶23

The nature of the injuries suffered by the petitioner are stated in column No.11 of his claim petition, a copy of which is produced as Annexure 1 with the petition. Considering the injuries suffered by the petitioner, I find that the request made by him for transfer of the claim petition to another Tribunal for

¶24

Tr.P.C.No.287 of 2009

¶25

¶26

disposal of the claim petition deserve sympathetic consideration. O.P.(MV).No.287 of 2005 on the file of the MACT, Punalur is ordered to be transferred to MACT, Kollam. The transferee court on receipt of the records shall give notice to the parties for appearance, and dispose the case, as expeditiously as possible, on completion of service.

¶27

Writ petition is disposed of as above.

¶28

S.S.SATHEESACHANDRAN, JUDGE.

¶29

bkn/-

Mohanan v. Abdul Salam

Case brief

What is this about?

What did the court decide?

Mohanan v. Abdul Salam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.Mohandas Vs Kamaladevi

Achuthan Nair Vs Mohandas

Kanakamma Vs N.Raveendranathan

Kunjan Sivaraman Vs Mariamma Joseph and Others

Babu Vs Anirudhan

George Vs Joseph