Allowed

Iffco Tokio General Insurance Company Limited v. John Sekhar

Kerala HC18 Nov 2019Tr.P(C)/230/2017

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a motor accident claim file from MACT Thrissur to MACT Palakkad for a joint trial with a connected petition arising from the same accident, noting that all relevant respondents reside in Palakkad.

What did the court decide?

Transfer of OP MV No. 1238 of 2013 from MACT Thrissur to MACT Palakkad for joint trial with OP MV 827 of 2013.

Iffco Tokio General Insurance Company Limited… — Civil Procedure and Limitation | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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Tr.P(C).No.230 OF 2017

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Transfer O.P. MV No. 1238 of 2013 of MACT, Thrissur to MACT Palakkad to try along with OP (MV) No.827 of 2013

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PETITIONER/S:

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IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED THRISSUR NOW REPRESENTED BY ITS LEGAL MANAGER, IFFCO BHAVAN, THOTTAKKAT ROAD, KOCHI-682011.

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BY ADVS.

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SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW SMT.PREETHY R. NAIR

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RESPONDENT/S:

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1 JOHN SEKHAR S/O.INNASSIRAYAR @ RAYAR, CHINNAPPANNADICHI VEEDU, PAZHANIYAR PALAYAM, KOZHINJAMPARA P.O., PALAKKAD, PIN-678555.

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2 JAYSON MINOR S/O.JOHN SEKHAR, REPRESENTED BY HIS FATHER GUARDIAN JOHN SEKHAR, CHINNAPPANNADICHI VEEDU, PAZHANIYAR PALAYAM, KOZHINJAMPARA P.O., PALAKKAD, PIN-678555.

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3 KULANTHA THARAS W/O.ISAK, MARIYA MUTHAR HOUSE, ATTAPALLAM, PAMPALLAM P.O., PALAKKAD DISTRICT, PIN-678521.

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R1-2 BY ADV. SRI.BABY MATHEW

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-: 2 :-

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Tr.P(C).No.230 OF 2017

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O R D E R

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In this Transfer Petition, the prayer is to transfer O.P. (MV) 1238 of 2013 on the files of the Motor Accidents Claims Tribunal, Thrissur to the Motor Accidents Claims Tribunal, Palakkad to be tried along with OP (MV) No. 827 of 2013.

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Service is complete. However, there is no appearance for the third respondent. Heard the learned counsel for the petitioner and the learned counsel for respondent Nos. 1 and 2.

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The learned counsel for the petitioner and the learned counsel for respondent Nos. 1 and 2 have submitted that the above said Claim Petitions were filed in respect of the same incident which occurred on 30-3-2013 at Alathur. Since the above said Claim Petitions arose out of the same accident, the petitioner has

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-: 3 :-

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Tr.P(C).No.230 OF 2017

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requested to transfer OP MV 1238 of 2013 to the MACT, Palakkad for the joint trial with the connected Claim Petition. The first respondent is the husband, the 2 nd respondent is the son and the third respondent is the mother of the deceased. It appears that all the respondents are residing in Palakkad. Since the above Claims Petitions arose in connection with the death of the wife of the first respondent, it is only just and proper to try both the Claim Petitions by the same Court. In the said circumstances, I am inclined to allow this Transfer Petition.

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In the result, this Transfer Petition stands allowed, transferring OP MV No. 1238 of 2013 on the files of the Motor Accidents Claims Tribunal, Thrissur to the Motor Accidents Claims Tribunal, Palakkad to be tried along with OP MV 827 of 2013. The case records shall be transmitted to the transferee court forthwith.

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The above cases being cases of the year 2013, the

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-: 4 :-

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Tr.P(C).No.230 OF 2017

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transferee court is directed to dispose of the above Claim Petitions, in accordance with law, as expeditiously as possible, and at any rate within six months from the date fixed for the appearance of the parties before the transferee court.

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The petitioner and respondent Nos 1 and 2 shall appear before the Transferee Court on 10-12-2019 without further notice.

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Sd/-B.Sudheendra Kumar, Judge.

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Ani/

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/true copy/

Iffco Tokio General Insurance Company Limited v. John Sekhar

Case brief

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Iffco Tokio General Insurance Company Limited v. John Sekhar

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