Dismissed

The Oriental Insurance Co.Ltd. v. Jose

Kerala HC13 Nov 2009Tr.P(C)/320/2009

Case brief

AI extract

What is this about?

The Court dismissed three transfer petitions filed by an Insurance Company. It held that a High Court transfer petition cannot be used to decide the jurisdiction of the Motor Accident Claims Tribunal, directing the petitioner to approach the M.A.C.T. under Rule 5B instead.

What did the court decide?

Petitions dismissed; right reserved to move an application before the M.A.C.T. under Rule 5B of the Kerala Motor Accident Claims Tribunal Rules, 1979. No order of transfer passed.

The Oriental Insurance Co.Ltd. Vs Jose — 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 FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931

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Tr.P(C).No. 320 of 2009() -------------------------------------OPMV.650/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA ....................

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PETITIONER (S): --------------------

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THE ORIENTAL INSURACE CO. LTD. KOTHAMNGAAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.

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BY ADV. MR.GEORGE CHERIAN (THIRUVALLA)

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RESPONDENT(S):

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-------------------------

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1. JOSE, S/O. VARAVEL, PUTHENPURAKAL HOUSE, KARADIKUZHI P.O., PEERUMEDU,

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2. SENTHIL KUMAR, S/O. SIKHAMANI, KRISHNA NIVAS HOUSE, KALLAR PUTHAVELIL, KOLLORKARA, PEERUMEDU.

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3. MICHAEL, S/O. ANTONY, CHERIYAKATHETHU, PEERUMEDU P.O., IDUKKI.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, ALONG WITH TPC. NO.321 OF 2009 & TPC. 322 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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S.S.SATHEESACHANDRAN, J.

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Tr.P.(C).Nos. 320, 321 AND 322 OF 2009

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Dated this the 13^th day of November 2009

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COMMON ORDER

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These three petitions for transfer have been filed

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by an Insurance Company, under Section 24 of the Code of Civil Procedure. Since common questions of law and fact are involved, after being considered together, the petitions are disposed by this common order.

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In respect of a motor accident involving an autorikshaw in which passengers more in number violating the terms of the policy had been transported, claim petitions had been filed before two different tribunals, M.A.C.T, Thodupuzha and M.A C.T, Pala, and as the former M.A C.T alone has jurisdiction to entertain the claim petitions the petitions filed before the latter M.A.C.T, which are covered by this transfer petitions, have to be transferred to M.A C.T, Thodupuzha, is the case canvassed in these petitions. The

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Tr.P.(C).Nos. 320, 321 AND 322 OF 2009

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Page numbers

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three O.P (MVs) covered by these transfer petitions, viz O.P (MV) 650/2007, O.P (MV) 649/2007 and O.P (MV) 648/2007 all pending before the M.A C.T, Pala have to be transferred to M.A.C.T, Thodupuzha where other claim petitions in respect of the same motor accident are pending is the submission of the learned counsel for the Insurance Company. M.A.C.T, Pala has no jurisdiction to entertain these claim petitions and the claimant have shown wrong address at places within the jurisdiction of that tribunal, is the further submission of the counsel. The claimants in the above O.P(MV) are permanently residing within the jurisdiction of M.A.C.T, Thodupuzha, according to the learned counsel for the Insurance Company. Having regard to the submissions made in the transfer petition as well as the submissions made by the learned counsel for the petitioner/Insurance Company, it is evident transfer of the claim petitions pending on the file of the M.A.C.T, Pala to M.A.C.T, Thodupuzha is canvassed on the ground that the former tribunal has no jurisdiction to entertain the claim petitions. This court in a transfer petition cannot decide the

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Tr.P.(C).Nos. 320, 321 AND 322 OF 2009

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Page numbers

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question of jurisdiction of the tribunal to entertain a claim petition and on that basis pass any order of transfer. It is open to the petitioner to move a proper petition before the M.A.C.T, Pala for transfer of the petition to the tribunal having jurisdiction to entertain such petition as provided under Rule 5B of the Kerala Motor Accident Claims Tribunal Rule, 1979. The above rule empowers the tribunal to transfer an application filed before it to another tribunal if such application is one which comes within the jurisdiction of the latter. When such an efficacious remedy is provided by the rules as referred to above, I find the request for transfer made in these petitions on the plea that the M.A.C.T, Pala has no jurisdiction to entertain the claim petitions filed before it cannot be entertained. These petitions are disposed reserving the right of the petitioner/insurance Company to move application as indicated above before the M.A.C.T, Pala.

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Sd/S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE

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vdv

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P.A TO JUDGE

The Oriental Insurance Co.Ltd. v. Jose

Case brief

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The Oriental Insurance Co.Ltd. v. Jose

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