Jinitha Jaimon v. Rajendran
Case brief
What is this about?
A transfer petition was filed seeking transfer of a motor accident compensation petition from the Thrissur Tribunal to the Ernakulam Tribunal for the convenience of petitioners residing in Ernakulam. The court observed the trial had progressed with evidence closed. Transferring the case alone was deemed improper due to a related case from the same incident being tried together. The petition was di
What did the court decide?
Petition disposed of with direction to the tribunal to allow the petitioners to reopen evidence and adduce their claim.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
Tr.P(C).No. 357 of 2016
TO TRANSFER O.P.(MV)NO. 1925 OF 2013 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
PETITIONER(S)/PETITIONERS 1 AND 2 :
- JINITHA JAIMON, AGED 24 YEARS, D/O. LATE JAYAN @ JAIMON JOSEPH.
- JIBIN JAIMON, AGED 21 YEARS, S/O. LATE JAYAN @ JAIMON JOSEPH, BOTH THE APPELLANT NOW RESIDING AT C/O. USHAKARAN, 'USHUS', R.K.PILLAI ROAD, KARUVELIPADY, COCHIN - 682 005.
BY ADVS. SRI.RAHUL SASI
SMT.NEETHU PREM
Issues for consideration
3 issues framed by the court
Whether a pending motor accident compensation petition should be transferred to a different Motor Accidents Claims Tribunal solely to accommodate the convenience of claimants residing in a different d
Whether allowing such a transfer is appropriate when the trial has already commenced and another case from the same incident is being tried in the same tribunal.
What procedure should be adopted to allow claimants who were excluded from the existing evidence adduce their claim in the pending tribunal.
Parties & counsel
- petitioner
JINITHA JAIMON
- petitioner
JIBIN JAIMON
- respondent
NEETHU PREM
- respondent
RAJENDRAN
- respondent
SURESH
- respondent
Case details
As recorded by the court registry
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