Allowed

Jayakumar K.B. v. Radhakrishnan P.N.

Kerala HC7 Jan 2019Tr.P(C)/643/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition, directing the Motor Accident Claims Tribunal, Pala, to transfer a money recovery petition to the Motor Accident Claims Tribunal, Ernakulam, citing the convenience of the parties residing in Ernakulam.

What did the court decide?

Transfer of O.P. No.905/2018 from Motor Accident Claims Tribunal, Pala to Motor Accident Claims Tribunal, Ernakulam.

Jayakumar K.B. Vs Radhakrishnan P.N. — Motor Accident Claims | Kerala HC (2019)

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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 SATHISH NINAN

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MONDAY, THE 07TH DAY OF JANUARY 2019/17TH POUSHA, 1940

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Tr.P.(C)No.643 of 2018

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(SEEKS FOR TRANSFER O.P.(M.V.)No.905/2018 OF M.A.C.T., PALA TO M.A.C.T., ERNAKULAM)

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PETITIONER/2ND RESPONDENT:

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JAYAKUMAR K.B., AGED 42 YEARS, S/O. BALAKRISHNA PILLAI, KALAYIL HOUSE, KULAYETTIKKARA P.O., AMBALLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM-682 315.

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BY ADVS. SRI.B.RAMACHANDRAN KUM.KAVYA SOMAN SRI.K.P.ARUN

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RESPONDENT(S)/PETITIONER/3RD AND 1ST RESPONDENT:

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1 RADHAKRISHNAN P.N., AGED 55 YEARS, S/O. NARAYANAN, PAPPAPARAMBIL HOUSE, KULAYATTIKKARA P.O., AMBALLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM-682 315.

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2 THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, 1ST FLOOR, MUNICIPAL SHOPPING COMPLEX BUILDING, MAIN ROAD, PALA, KOTTAYAM-686 575.

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3 MANOJ K.B., AGED 39 YEARS, S/O. BALAKRISHNA PILLAI, KALAYIL HOUSE, KULAYETTIKKARA P.O., AMBALLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM-682 315.

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BY ADVS. SRI.P.G.GANAPPAN SRI.CYRIAC KURIAN SRI.SUJITH MATHEW JOSE

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(C)No.643 of 2018

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ORDER

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The petitioner seeks for transfer of O.P. (M.V.)No.905/2018 pending on the files of the Motor Accident Claims Tribunal, Pala to the Motor Accident Claims Tribunal, Ernakulam.

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Evidently, respondents 1 and 3 and the petitioner are residing at Kanayannoor Taluk in Ernakulam District. The second respondent is the insurance company. It is only in the convenience of all the parties that the proceedings be tried by the Claims Tribunal, Ernakulam. The learned counsel for the first respondent apprehensively points out that the trial of O.P.(M.V) may not be delayed consequent to the transfer. That need not be a ground to refuse the transfer. I am of the opinion that the transfer as sought for can be granted.

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Accordingly, transfer petition is allowed.

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Tr.P.(C)No.643 of 2018

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O.P.(M.V.)No.905/2018 pending on the files of the Motor Accident Claims Tribunal, Pala will stand withdrawn and transferred to the Motor Accident Claims Tribunal, Ernakulam.

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Parties shall appear before the Motor Accident Claims Tribunal, Ernakulam on 22.1.2019. Motor Accident Claims Tribunal, Ernakulam shall make every endeavour to have the proceedings disposed of as expeditiously as possible.

Sd/-

SATHISH NINAN

JUDGE

Tr.P.(C)No.643 of 2018

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APPENDIX

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PETITIONERS EXHIBITS:

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ANNEXURE A1 A TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT/PETITIONER IN O.P.NO.905 OF 2018 BEFORE THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA.

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ANNEXURE A2 A TRUE COPY OF THE NOTICE SERVED TO THE PETITIONER/2ND RESPONDENT UPON THE ORDER OF THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA IN O.P.NO.905 OF 2018.

Jayakumar K.B. v. Radhakrishnan P.N.

Case brief

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Jayakumar K.B. v. Radhakrishnan P.N.

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