Allowed¶48

Smitha.v v. Sanu Monson

Kerala HC21 Mar 2025Tr.P(C)/493/2024

Case brief

AI extract

What is this about?

Keywords: transfer petition (civil); TR.P(C) 493/2024; Kerala High Court Ernakulam; Justice Basant Balaji; O.P(M.V) 961/2018; Motor Accidents Claims Tribunal Thiruvananthapuram; IVth Additional MACT; inter-tribunal transfer of MACT case; delay at evidence stage; repeated adjournments; priority to Sessions cases; ex parte respondent; notice dispensed with; expeditious disposal; claim of year 2018; neutral citation 2025:KER:25921; decided 21.03.2025.

What did the court decide?

Transfer Petition (C) allowed; O.P(M.V) 961/2018 transferred from the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram to the Motor Accidents Claims Tribunal, Thiruvananthapuram, which shall issue notice to the parties and dispose of the case as early as possible in accordance with law. Notice to the ex-parte second respondent dispensed with.

Smitha.v Vs Sanu Monson — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether O.P(M.V) 961/2018, a claim petition of the year 2018 pending before the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, should be transferred to the Motor Accidents Claims Tribunal, Thiruvananthapuram, given the delay and hardship caused to the claimants.

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Court's answer

Considering the facts and circumstances, and the fact that the claim is of the year 2018, the learned Single Judge deemed it appropriate to allow the Transfer Petition.

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Ratio / Principle

O.P(M.V) 961/2018 pending before the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram is transferred to the Motor Accidents Claims Tribunal, Thiruvananthapuram.

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Key takeaways

Since the prayer sought is a transfer and the second respondent is ex-parte before the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, notice to the second respondent was dispensed with. Recorded as an express procedural direction; classified 'unclear' because it is neither classic ratio nor obiter.¶44
On receipt of the records, the Motor Accidents Claims Tribunal, Thiruvananthapuram shall issue notice to the parties and dispose of the case as early as possible, in accordance with law.ratio¶48

Detailed headnote1 paragraphs

High Court of Kerala, Ernakulam (Single Judge, Basant Balaji J), order dated 21.03.2025 in TR.P(C) No. 493 of 2024: Allowed a transfer petition filed by the five claimants in O.P(M.V) 961/2018, a motor-accident claim of the year 2018. The claim had been transferred to the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram on 19.11.2021, where after the written statement it stagnated at the evidence stage with repeated adjournments, the Tribunal having been directed to give priority to Sessions cases so that MACT matters were not being taken up. Deeming a transfer appropriate given the age of the claim, the Court transferred O.P(M.V) 961/2018 to the Motor Accidents Claims Tribunal, Thiruvananthapuram, dispensing with notice to the second respondent (already ex parte) and directing the transferee Tribunal, on receipt of records, to issue notice to the parties and dispose of the case as early as possible in accordance with law. No statutory provision or precedent was cited or discussed.

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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 BASANT BALAJI

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FRIDAY, THE 21^ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

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TR.P(C) NO. 493 OF 2024

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OPMV NO.961 OF 2018 OF ADDITIONAL DISTRICT COURT & SESSIONS

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COURT - VII, THIRUVANANTHAPURAM / IV ADDITIONAL MACT

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PETITIONERS:

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1 SMITHA.V AGED 48 YEARS W/O SAJITH KUMAR.V, TC.50/124. THEJUS, KULATHORE, KARAMANA P.O KALADY, THIRUVANANTHAPURAM., PIN - 695002

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2 DEVIKA.S.S AGED 25 YEARS

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D/O LATE. SAJITHKUMAR.V,TC.50/124(1 DEVA NANDANAM ,KULATHARA THIRUVANANTHAPURAM., PIN - 695002

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3 NANDANA.S.S AGED 24 YEARS

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D/O LATE. SAJITHKUMAR, TC.50/124(1),DEVA NANDANAM, KULATHARA,THIRUVANANTHAPURAM., PIN - 695002

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4 RAJENDRAN NAIR.K AGED 81 YEARS

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S/O KESAVA PILLAI, VIJAYA VIHAR, PERUMPAZHUTHOOR P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695126

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5 VIJAYAKUMARI AMMA

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AGED 76 YEARS

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W/O K. RAJENDRAN NAIR, VIJAYA VIHAR, PERUMPAZHUTHOOR P.ONEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695126

BY ADVS. A.R.NIMOD

Tr.P(C) 493/2024

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2025:KER:25921

M.A.AUGUSTINE

RESPONDENTS:

1 SANU MONSON S/O MONSON VARGHESE, PULIMOOTTIL, KUDAMALOOR P.O,AYMANAM, KOTTAYAM, PIN - 686017

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2 SANAL.G

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S/O GANGADHARAN.GKADAMBARAVILA, GRA-60, THORANCODE, KAVALLOOM VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN - 695013

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3 THE DIVISIONAL MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD SUNDARAM TOWERS, 46 WHITES ROAD, ROYAL PETTAH, CHENNAI., PIN - 600014

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BY ADVS. jacob mathew p MATHEWS JACOB (SR.)(M-186)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Tr.P(C) 493/2024

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2025:KER:25921

O R D E R

(Dated this the 21st day of March, 2025)

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The petitioners are the claimants in O.P(M.V) 961/2018

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before Motor Accidents Claims Tribunal, Thiruvananthapuram.

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The said claim was transferred to IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, on 19.11.2021. Thereafter, written statement was filed, and when the case was posted to evidence stage, the same was getting adjourned without taking any evidence. Now, the IVth Additional Motor Accidents Claims Tribunal, has been directed to give priority to the Sessions cases and therefore, the MACT cases are not being taken. The present petition is of the year 2018, and if the case is delayed, it will cause irreparable injury and hardship to the petitioners. Therefore, petitioners seek a transfer of O.P(M.V) 961/2018 pending before the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, to the Motor Accident Claims Tribunal, Thiruvananthapuram.

Tr.P(C) 493/2024

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2025:KER:25921

Since the prayer sought for is a transfer, and the

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second respondent is ex-parte before the IVth Additional Motor

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Accidents Claims Tribunal, Thiruvananthapuram, notice to the 2^nd respondent is dispensed with.

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Considering the facts and circumstances of the

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case and the fact that the claim is of the year 2018, I deem it appropriate to allow this Transfer Petition.

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In the result, O.P(M.V) 961/2018 pending before the IVth Additional Motor Accidents Claims Tribunal, Thiruvananthapuram

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is transferred to the Motor Accidents Claims Tribunal, Thiruvananthapuram. The Motor Accidents Claims Tribunal, Thiruvananthapuram, on receipt of the records, shall issue notice

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to the parties and dispose of the case, as early as possible, in

accordance with law.

Sd/-

BASANT BALAJI JUDGE

Tr.P(C) 493/2024