Allowed

Cholamandalam Ms General Insurance Company Limited v. Suhara K M.

Kerala HC12 Apr 2024Tr.P(C)/615/2022

Case brief

AI extract

What is this about?

Insurance company sought transfer of a motor accident claim petition to the Tribunal where a rival claim arising from the same death was pending. Holding both connected claims should be tried by the same Tribunal, the court allowed the transfer.

What did the court decide?

O.P.(MV)No.735 of 2019 transferred from MACT Palakkad to MACT Thrissur to be tried along with O.P.(MV)No.1052 of 2019.

Cholamandalam Ms General Insurance Company Limited Vs… — 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 DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 12^TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 TR.P(C) NO. 615 OF 2022

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OPMV NO.735 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD

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PETITIONER/3RD RESPONDENT:

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CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED NOW REPRESENTED BY ITS DEPUTY MANAGER-CLAIMS, 2ND FLOOR, ACEL ESTATE, NO.40/856, IYYATTIL JUNCTION, CHITTOOR ROAD, ERNAKULAM, KOCHI - 682 011.

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BY ADVS. MATHEWS JACOB (SR.) P.JACOB MATHEW

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RESPONDENTS/PETITIONERS/RESPONDENTS:

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1 SUHARA K M., AGED 46 YEARS W/O.LATE SIDHEEK, ANJILAKADAVATH HOUSE, PERUR, PATHIRIPALA, LAKKIDI-PERUR-II, PALAKKAD-679 302, NOW WORKING AT HOUSE NO.19, HUSSAIN COLONY, PALAKKAD-678 001.

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2 RASEEFA A.S., AGED 25 YEARS W/O. NISHAMUDHEEN C.P., CHEKIDAMPARAMBIL HOUSE, PALAPPURAM P.O., OTTAPALAM, PALAKKAD - 679 103.

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3 MUHAMMED RASIL, AGED 21 YEARS S/O. LATE SIDHEEK, ANJILIKADAVATH HOUSE, PERUR, PATHIRIPALA, LAKKIDI-PERUR-II, PALAKKAD - 679 302.

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TR.P(C) NO. 615 OF 2022

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: 2 :-

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4 MOHAMMED RAISAL A.S., AGED 20 YEARS S/O. LATE SIDHEEK A.A., ANJILIKADAVATH HOUSE, PERUR ROAD, NEAR JUMA MASJID, PATHIRIPALA, LAKKIDI-PERUR-I, PALAKKAD - 679 302.

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5 NAFEESA, AGED 70 YEARS W/O. AHAMMEDKUTTY, ANJIRAKADAVATH HOUSE, PATHIRIPALA, MANNUR,, PALAKKAD - 678642.

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6 V.R. VINOD, S/O. S. RADHIKA DEVI, UJJAINI KAVIAPURAM, PANAYARAKUNNU P.O., KATTACHAL KUZHI, KOTTUKAL PART, THIRUVANANTHAPURAM - 695 501.

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7 SYIED MOHAMMED INSAF THANGAL, S/O. KUNHIKOYA THANGAL, VALIYAKKA THODI HOUSE, PUTHUR P.O., KOTTAKKAL, MALAPPURAM - 676 503.

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BY ADV BABY MATHEW

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 615 OF 2022

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: 3 :-

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O R D E R

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This transfer petition has been filed to transfer O.P. (MV)No.735 of 2019 pending on the files of the Motor Accidents Claims Tribunal (for short 'MACT') Palakkad to MACT, Thrissur.

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I have heard the learned counsel for the petitioner and the learned counsel for respondents 1 to 5.

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Two claim petitions were filed by the rival claimants seeking compensation due to the death of the same person as O.P.(MV)No.735 of 2019 and O.P.(MV) No.1052 of 2019 before two different Tribunals. Now, the Insurance Company has come up with this transfer petition. Since both cases are connected and rival claims were made by the claimants, both are to be tried and disposed of by the very same Tribunal.

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Hence, this Transfer Petition is allowed. O.P.(MV)No.735 of 2019 pending on the files of the MACT, Palakkad is withdrawn

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TR.P(C) NO. 615 OF 2022

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: 4 :-

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and transferred to MACT, Thrissur to try along with O.P.(MV)

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No.1052 of 2019.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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TR.P(C) NO. 615 OF 2022

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: 5 :-

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APPENDIX OF TR.P(C) 615/2022

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PETITIONER ANNEXURES:

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ANNEXURE A1

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TRUE COPY OF THE CLAIM PETITION IN O.P. (MV) 735 OF 2019 BEFORE THE M.A.C.T., PALAKKAD.

Cholamandalam Ms General Insurance Company Limited v. Suhara K M.

Case brief

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Cholamandalam Ms General Insurance Company Limited v. Suhara K M.

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