Allowed

Geo James v. Basil Benny

Kerala HC1 Jul 2021Tr.P(C)/89/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition moving a motor accident claim case from the Motor Accidents Claims Tribunal, Perumbavoor, to the Tribunal, Muvattupuzha. The court deemed it in the best interest to consolidate proceedings involving the same accident parties to avoid multiplicity and conflicting decisions.

What did the court decide?

The Order passed in OP MV No. 1234 of 2019 on the files of MACT Perumbavoor is transferred to MACT Muvattupuzha.

Geo James Vs Basil Benny — Motor Accident Claims | Kerala HC (2021)

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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 V.G.ARUN

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THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

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TR.P(C) NO. 89 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OPMV 1234/2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR, ERNAKULAM

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PETITIONER/S:

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GEO JAMES AGED 27 YEARS

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S/O.JAMES C.T, CHIRAYATH HOUSE, PUNNAYAM BHAGAM, THURUTHY P.O., NEDUNGAPRA KARA, VENGOOR VILLAGE REPRESENTED BY POWER OF ATTORNEY HOLDER JAMES C.T., AGED 66 YEARS, CHIRAYATH HOUSE, PUNNAYAM BHAGAM, THURUTHY P.O., NEDUNGAPRA KARA, VENGOOR VILLAGE.

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BY ADVS. A.R.BEJOY SHANAVAS K.B

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RESPONDENT/S:

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1 BASIL BENNY

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S/O.BENNY SKARIAH, KUZHIYELIL HOUSE, KODAMUNDA KARA, VARAPETTY, KOZHIPPILLY P.O., KOTHAMANGALAM-686691. (DRIVER).

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2 BENNY SKARIAH, S/O.SKARIAH, KUZHIYELIL HOUSE, KODAMUNDA KARA, VARAPETTY, KOZHIPPILLY P.O., KOTHAMANGALAM-686691.(OWNER)

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3 THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, ELENJICKAL MATHEW MEMORIAL PLAZA, CHURCH VIEW JUNCTION, KOTHAMANGALAM, PIN686691, (POLICY NO.441702/31/2019/1175) (INSURER OF VEHICLE NO.KL-44-B-2036).

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4 THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST AND 2ND FLOOR, VISHNU BUILDING, K.P.VALLON ROAD, KADAVANTHARA, ERNAKULAM-682020 (POLICY NO.2213472312011930) (INSURER OF VEHICLE NO.KL-40-N-7561).

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 89 OF 2021

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JUDGMENT

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Dated this the 1st day of July, 2021

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The petitioner is the claimant in OP MV No.1234 of 2019, pending on the files of the Motor Accidents Claim Tribunal ("MACT" for short) Perumbavoor. The original petition has been filed claiming compensation for the injury sustained by him in an accident that had occurred on 3.8.2018. Based on the accident, the Police registered a crime and filed two final reports, one against the petitioner and the other against the 1st respondent. The 1st respondent has filed OP MV No. 1034 of 2018 before the MACT Muvattupuzha, claiming compensation.

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The prayer in the writ petition is to transfer OP MV 1234 of 2019 filed by the petitioner before the MACT, Perumbavoor to the MACT, Muvattupuzha. Even though the 1st and 2nd respondents are served with notice and there is no appearance on their behalf. The 3rd respondent Insurance Company does not oppose the prayer for transfer.

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3.Going by the facts narrated in the transfer petition, it will be

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TR.P(C) NO. 89 OF 2021

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the best interest of all concerned to have the cases tried by the same Court, so as to avoid multiplicity of proceedings and conflicting decisions.

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In the result the transfer petition is allowed. OP MV No. 1234 of 2019 on the files of the MACT Perumbavoor shall forthwith be transferred to the MACT Muvattupuzha.

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Sd/V.G ARUN JUDGE

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TR.P(C) NO. 89 OF 2021

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APPENDIX OF TR.P(C) 89/2021

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PETITIONER ANNEXURE

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ANNEXURE I THE POWER OF ATTORNEY EXECUTED INFAVOUR OF JAMES C.T DATED 01.10.2019. ANNEXURE II A TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER AS OPMV NO.1234/2019 BEFORE THE MACT PERUMBAVOOR DATED 02.08.2019. ANNEXURE III TRUE COPY OF THE OPMV NO.1034/2018 FILED BY THE RESPONDENT HERE IN BEFORE THE MACT, MUVATTUPUZHA DATED 11.12.2018.

Geo James v. Basil Benny

Case brief

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What did the court decide?

Geo James v. Basil Benny

Case brief

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What did the court decide?

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