Allowed

Pradeep v. Mohanan (Expired)

Kerala HC6 Jul 2023Tr.P(C)/270/2023

Case brief

AI extract

What is this about?

This court allowed a transfer petition. It ordered the transfer of a pending motor accident claim petition from the Motor Accidents Claims Tribunal, Kollam, to the MACT, Alappuzha. The transfer was to be done for joint consideration of both claims arising from the same accident with a petition pending in Alappuzha to avoid multiplicity of proceedings.

What did the court decide?

In the Transfer Petition No. 270 of 2023, the Court held that the suit pending before MACT, Kollam be transferred to MACT, Alappuzha for joint consideration with the other suit pending there in the sa

Pradeep Vs Mohanan (Expired) — Motor Accident Claims | Kerala HC (2023)

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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 P.SOMARAJAN

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THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945

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TR.P(C) NO. 270 OF 2023

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O.P.(M.V)NO.1482/2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM PETITIONERS/CLAIM APPLICANTS IN O.P.M.V.NO.1024/2022 & 2ND RESPONDENT

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IN O.P.(M.V.)NO.1482/2019:

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1PRADEEP,
AGED 53 YEARS,
S/O.YESODHARAN, PALAPPIZHETHU VEEDU,
VALIYAKULANGARA MURI, OACHIRAP.O.,
KOLLAM DISTRICT,
NOW RESIDING AT METTUPURAM (H),
ARYAD NORTH MURI, NORTH ARYAD P.O.,
ALAPPUZHA-688 538
2SREEJA,
AGED 47 YEARS,
W/O. PRADEEP, PALAPPIZHETHU VEEDU,
VALIYAKULANGARAMURI, OACHIRA P.O.,
KOLLAM DISTRICT-690 526
NOW RESIDING AT METTUPURAM (H),
ARYAD NORTH MURI,
NORTH ARYAD P.O., ALAPPUZHA-688 538
3NIKHIL PRADEEP,
AGED 23 YEARS,
S/O PRADEEP, PALAPPIZHETHU VEEDU,
VALIYAKULANGARAMURI, OACHIRA P.O.,
KOLLAM DISTRICT-690 526
NOW RESIDING AT METTUPURAM (H),
ARYAD NORTH MURI, NORTH ARYAD P.O.,
ALAPPUZHA-688 538.
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA

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RESPONDENTS/PETITIONERS 1 TO 3 AND RESPONDENT NO 1 AND 3 IN O.P. (MV)NO.1482/2019 & RESPONDENTS IN O.P(MV)NO.1024/2022:

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1MOHANAN (EXPIRED),
AGED 62 YEARS,
S/O PARAMESWARAN, KOTTETHEKKATHIL,
MADATHILKARANMA, OACHIRA P.O.,
KOLLAM DISTRICT, PIN – 690 526

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TR.P(C) NO. 270 OF 2023

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2MANI,
AGED 56 YEARS,
W/O LATE-MOHANAN, KOTTETHEKKATHIL,
MADATHILKARANMA, OACHIRA P.O.,
KOLLAM DISTRICT, PIN – 690 526
3SAJEEV,
AGED 40 YEARS,
S/O LATE-MOHANAN, KOTTETHEKKATHIL,
MADATHILKARANMA, OACHIRA P.O.,
KOLLAM DISTRICT, PIN – 690 526
4NIDHEESH,
AGE NOT KNOWN TO THE PETITIONER,
S/O. MURALI, MURALIBHAVAN,
MUTHUKULAM SOUTH, MUTHUKULAM P.O.,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN – 690 502
5SUJITH. B,
AGE NOT KNOWN TO THE PETITIONER,
THOTTUPARAMBIL, PUTHENKANDAM, PAIKUZHY,
OACHIRA P.O., KARUNAGAPPALLY DISTRICT, PIN - 690526
6M/S RELIANCE GENERAL INSURANCE COMPANY LTD,
REPRESENTED BY ITS BRANCH MANAGER,
1ST FLOOR, VISHNU BUILDING,
K.P. VALLAN ROAD, KADAVANTHARA,
KOCHI-20, ERNAKULAM DISTRICT-, PIN - 682001
BY ADVS.
K.SIJU - FOR R2 & R3
P.SREEKUMAR - FOR R4
ANJANA KANNATH - FOR R2 & R3
HELEN P.A. - FOR R4
STEPHANIE SHARON - FOR R4
ATHUL ROY - FOR R4

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 270 OF 2023

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ORDER

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Annexure A is the claim petition filed by the

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legal heirs of Akhil Pradeep, who died on

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15/05/2018 in a motor vehicle accident. He was

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riding a motor vehicle. Yet another claim
petition, Annexure B was also filed by the legal
heirs of one Sajith, who also died in the same
accident. He is the rider of another motor

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vehicle. The question of liability to be decided

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in Annexure A and B are one and the same. But one
case is pending before the Motor Accidents Claims

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Tribunal, Kollam and the other one is in
Alappuzha, hence the transfer petition. In order
to avoid multiplicity of proceedings and divergent

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decisions, it is fit and proper to transfer
Annexure B (O.P.(MV)No.1482/2019) pending before

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the MACT, Kollam to the MACT, Alappuzha for joint

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consideration with Annexure A claim petition (O.P.
(MV) No.1024/2022). Hence ordered accordingly.

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TR.P(C) NO. 270 OF 2023

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The Transfer Petition will stand allowed

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accordingly.

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Sd/-

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P.SOMARAJAN

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JUDGE

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rkr-06/07

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TR.P(C) NO. 270 OF 2023

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APPENDIX OF TR.P(C) 270/2023

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PETITIONERS ANNEXURES
Annexure ATRUE COPY OF THE ORIGINAL PETITION IN OP (MV)
NO: 1024/2022 ON THE FILE OF MOTOR ACCIDENT
CLAIM TRIBUNAL ALAPPUZHA
Annexure BTHE TRUE COPY OF THE ORIGINAL PETITION IN OP
(MV)NO:1482/2019 ON THE FILE OF MOTOR
ACCIDENT CLAIM TRIBUNAL KOLLAM
RESPONDENTS ANNEXURES NIL

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//TRUE COPY// P.A TO JUDGE

Pradeep v. Mohanan (Expired)

Case brief

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What did the court decide?

Pradeep v. Mohanan (Expired)

Case brief

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