Petitioners seeking compensation filed under OP(MV) No. 137/2006 requested transfer from MACT Ottapalam to MACT Thrissur due to their permanent settlement at Thrissur. The court, satisfied with service on respondents, granted the transfer.
Transfer of OP(MV) No. 137/2006 from MACT Ottapalam to MACT Thrissur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931
Tr.P(C).No. 54 of 2009 ------------------------------OP(MV).NO.137/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. ....................
PETITIONERS/CLAIMANTS:
---------------------------------------
1. ANU KURIAKOSE, AGED 22 YEARS, D/O.KURIAKOSE K.T., KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPALAM, NOW RESIDING AT KALATHIL HOUSE, KATTUKODE, VADAKKANCHERRY, PALAKKAD DISTRICT.
2. MINOR RINU KURIAKOSE, AGED 17 YEARS, REP. BY NEXT FRIEND AND GUARDIAN HER ELDER SISTER ANU KURIAKOSE, KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPALAM, NOW RESIDING AT KALATHIL HOUSE, KATTUKODE, VADAKKANCHERRY, PALAKKAD DISTRICT.
BY ADVS. MR.MATHEWS K.PHILIP, SMT.NIMMY K.ALILAKUZHYIL.
RESPONDENTS/RESPONDENTS:
-----------------------------------------------
1. BABUJAN, S/O.RAHAMATH, 7/134, KUNAN HOUSE, PANANGOTTUTHERUVU, PUTHUCODE, PALAKKAD DISTRICT.
2. KURIAKOSE K.T., S/O.THOMAS, KALATHIL KORAMKULAM HOUSE, PANAMANNA P.O., ANANGANADI, OTTAPPALAM, PALAKKAD.
3. UNITED INDIA INSURANCE COMPANY LIMITED, 10/29, G.B.ROAD, P.B.NO.6, PALAKKAD - 678 001.
R3 BY ADV. MR.N.S.MOHAMMED USMAN.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.S.SATHEESACHANDRAN, J.
T.P.(C) No. 54 OF 2009
DATED THIS THE 24TH DAY OF JULY 2009
JUDGMENT
The petition is filed for transfer under Section 24 of the Code of Civil Procedure.
T.P.(C) No. 54 OF 2009 2
tribunal. A memo has been filed evidencing that notice had been served on the counsel for the 1st respondent. 2nd respondent in the petition is stated to be the father of the petitioners/claimants in the petition for compensation. I am satisfied that due service has been effected on the 1st respondent and no notice is required for the 2nd respondent. The 3rd respondent has entered appearance through it's counsel.
S.S.SATHEESACHANDRAN (JUDGE)
pkk
2 issues framed by the court
Whether the Motor Accident Claim petition filed in Ottapalam should be transferred to Thrissur based on the present settlement of the claimants?
Whether due service of notice was effected on the respondents before transfer?
2 provisions across 2 enactments
Anu KuriaKOse
Rinu KuriaKOse
BabuJan
KuriaKOse K.T.
United India Insurance Company Limited
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
