Allowed

M.K Thomas v. State of Kerala

Kerala HC3 Jan 2024Tr.P(C)/416/2023

Case brief

AI extract

What is this about?

A road accident victim sought transfer of the State's appeal against a compensation decree from the District Court, Kalpetta to the High Court so it could be heard with his related appeal. The court allowed the transfer, both matters challenging the same Sub Court decree.

What did the court decide?

A.S. No.4/2022 withdrawn from District Court, Kalpetta to the High Court to be considered along with R.F.A.(Indigent) No.198/2022.

M.K Thomas Vs State of Kerala — Motor Accident Claims | Kerala HC (2024)

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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 C. JAYACHANDRAN

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WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

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TR.P(C) NO. 416 OF 2023

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TO TRANSFER APPEAL SUIT NO.4/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS

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COURT - I, KALPETTA

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PETITIONER/RESPONDENT IN A.S. NO.4/2022/PLAINTIFF IN O.S. NO.8/2019:

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1M.K THOMAS

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AGED 59 YEARS

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S/O. KURIAN, MANISSERIL HOUSE VAZHAVATTA P.O MUTTIL SOUTH
VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673122
BY ADVS.

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GEORGE VARGHESE KIZHAKKAMBALAM

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VARGHESE GEORGE

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RESPONDENTS/APPELLANTS IN A.S. NO.4/2022/DEFENDANTS IN O.S. NO.8/2019:

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1 STATE OF KERALA

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STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA NORTH P.O,
KALPETTA AMSOM DESOM, VYTHIRY TALUK, PIN - 673122

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2 EXECUTIVE ENGINEER,

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PUBLIC WORKS DEPARTMENT ROAD DIVISION KALPETTA NORTH P.O,
KALPETTA AMSOM DESOM, VYTHIRY TALUK,
WAYANAD DISTRICT, PIN - 673122
REPRESENTED BY ITS EXECUTIVE ENGINEER

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BY ADV. SRI.S. UNNIKRISHNAN, GOVERNMENT PLEADER

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C.) No.416 of 2023

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C. JAYACHANDRAN, J.

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Tr.P.(C.) No.416 of 2023

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Dated this the 03^rd day of January, 2024

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ORDER

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This transfer petition is preferred by the petitioner seeking transfer of A.S. No.4/2022 pending before the District Court, Kalpetta to this Court. The petitioner herein is the victim of an accident, which took place in the year 2017. He filed a suit claiming a compensation of Rs.25,00,000/before the Sub Court, Sulthanbathery. The suit was decreed and a compensation of Rs.6,00,000/- was awarded, challenging which the petitioner preferred R.F.A. No.198/2022 pending before this Court.

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Aggrieved by the judgment and decree, the

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respondents herein (State of Kerala) filed an appeal before the District Court, Sulthanbathery as A.S. No.4/2022. Both matters happened to be filed before

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Tr.P.(C.) No.416 of 2023

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two different Courts based on valuation. Now, the petitioner seeks transfer of the appeal to this Court, to be considered along with R.F.A. afore-referred.

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Having heard the learned counsel for the parties, this Court is of the opinion that the transfer petition sought for is only to be allowed, since the subject matter of challenge in both the proceedings is the judgment and decree of Sub Court, Sulthanbathery.

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Accordingly, this transfer petition is allowed and A.S. No.4/2022 pending before the District Court, Kalpetta is withdrawn to this Court, to be considered along with R.F.A. (Indigent) No.198/2022.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/03-01

Tr.P.(C.) No.416 of 2023

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APPENDIX OF TR.P(C) 416/2023

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PETITIONER’S ANNEXURES:
ANNEXURE A1A TRUE COPY OF THE MEMORANDUM OF C.M.C.P NO.
70/2022 IN R.F.A(INDIGENT) NO. 198/2022 DATED
10.08.2022
ANNEXURE A2A TRUE COPY OF MEMORANDUM OF THE A.S NO. 4/2022
DATED 02.03.2022 OF THE DISTRICT COURT,
KALPETTA

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RESPONDENTS' ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

M.K Thomas v. State of Kerala

Case brief

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M.K Thomas v. State of Kerala

Case brief

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