IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
TR.P(C) NO. 82 OF 2021
TO TRANSFER O.P(M.V) 619/2017 PENDING BEFORE THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, KOTTAYAM TO MOTOR ACCIDENTS CLAIMS TRIBUNAL,
PALA
PETITIONER:
SHRIRAM GENERAL INSURANCE CO.LTD.
AZAD TOWER, AMMANKOVIL CROSS ROAD, ERNAKULAM,
PIN-682 035, REP BY IT'S LEGAL OFFICER, SHRIRAM GENERAL
INSURANCE CO.LTD, ERNAKULAM
BY ADVS.
SRI.R.AJITH KUMAR (128/84)
SRI.TAPAS VARMA A.
RESPONDENTS:
1 BABU VARGHESE, S/O VARGHESE, PARAPPALLIL HOUSE,
VAZHOOR P.O., KOTTAYAM-686504.
2 MOLLY BABU, W/O BABU VARGHESE, PARAPPALLIL HOUSE,
VAZHOOR P.O., KOTTAYAM-686504.
3 MATHEW BABU,
S/O BABU VARGHESE, PARAPPALLIL HOUSE, VAZHOOR P.O.
KOTTAYAM-686504.
4 JOJIMON JOSEPH @ JOJIMON,
S/O JOSEPH, MAROTTICKAL HOUSE, MURIKKALLUMPURAM,
MUNDAKAYAM P.O.KOTTAYAM-686513.
R1 TO R3 BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
R4 BY ADVS.
SRI.C.M.TOMY
SRI.MATHEW SKARIA
SRI.JOY JOSEPH (MUNDACKAL)
SRI.K.J.JOSEMON
SRI.BALU TOM
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C).No.82 of 2021
2
JUDGMENT
Dated this the 3rd day of June, 2021 The relief sought in the petition is :
"For these and other grounds to be urged at the time of hearing this H'ble Court may be pleased to withdraw and transfer O.P(M.V)619/2017 pending before the MACT, Kottayam to the MACT, Pala for joint-trial and hearing with O.P(M.V)564/2017 in the interests of justice."
2. The petitioner is the 2nd respondent in O.P.(M.V) No.619/2017 pending on the files of Motor Accidents Claims Tribunal, Kottayam and the respondents are claimants 1 to 3 and the 1st respondent therein. The claim petition is filed by respondents 1 to 3 as legal representatives of Mr.Prince Babu seeking compensation for his death in a motor accident occurred on 03.07.2012 due to the involvement of a Mini Lorry bearing Registration No.KL-4/T-3453 owned and driven by the 4 th respondent and insured with the petitioner.
3. As revealed from the facts, the Mini Lorry had hit the Motorcycle ridden by Prince Babu with Ms.Anu Sree as pillion Tr.P.(C).No.82 of 2021 3 rider on it. Both died in the accident. True copy of the claim petition is placed on record as Annexure A. Seeking compensation for the death of Anu Sree claim petition was also preferred by her parents and brother before Motor Accidents Claims Tribunal, Pala, true copy of which is also placed on record as Annexure B. The involvement of the vehicle in the accident and it's insurance coverage were vehemently disputed by the petitioner.
4. According to Sri.Ajitkumar Varma, the learned counsel, for about 4 years after the accident, the vehicle allegedly resulted in the deaths of the victims was not traced out and ultimately one man surrendered before the police on the premise that he was the driver of the vehicle involved in the accident. According to him, the revelation after such a long duration of time is doubtful and if the two claim petitions are let to be tried by different Tribunals in seizin of those, it may result in diverse outcomes. According to him, in both cases trial was not started before the Tribunals at the time of filing of the petition on hand. Accordingly, petition on hand is moved seeking for transfer of the claim petition pending before Motor Accidents Claims Tribunal, Kottayam as O.P.(M.V) No.619/2017 to Motor Accidents Claims Tribunal, Pala for holding Tr.P.(C).No.82 of 2021 4 joint trial with O.P.(M.V) No.564/2017 pending there and for passing a common award.
5. Sri.Suresh Menon, the learned counsel for respondents 1 to 3 in the petition on hand urged that Motor Accidents Claims Tribunal, Kottayam alone has jurisdiction to adjudicate the claim petitions, since the motor accident that resulted in the deaths of the victims was occurred at Valanjamkanam Bhagom, Kuttikkanam. According to him, the petitioners in O.P(M.V) No.619/2017 being residents of Vazhoor, Motor Accidents Claims Tribunal, Pala will not have jurisdiction. According to him, trial of O.P.(M.V) No.619/2017 is already started and therefore, the transfer sought is unwarranted.
6. True that both cases are originated from a common accident. The vehicle involved and the party respondents being the same, as rightly pointed out by the learned counsel, a joint trial is expedient in the interest of justice to avoid multiplicity of proceedings and to save time of courts.
7. Transfer of the case is sought by the insurer mainly to avoid possibility of divergent views taken by two separate Tribunals in the claim petitions.
Tr.P.(C).No.82 of 2021 5
8. The claim petitions are now pending before Tribunals having jurisdiction over the respective places of residence of claimants. Trial in O.P. (M.V.) No.564/2017 having not been started and the trial in O.P.(M.V.) No.619/2017, already started, the joint trial desired by the petitioner/insurer could very well be achieved by directing transfer of O.P.(M.V) No.564/2017 pending on the files of the Motor Accidents Claims Tribunal, Pala to Motor Accidents Claims Tribunal, Kottayam. Accordingly direction is issued to Motor Accidents Claims Tribunal, Pala to transmit the records pertaining to O.P.(M.V)No.564/2017 to Motor Accidents Claims Tribunal, Kottayam within ten days from the date of receipt of certified copy of this judgment. The Motor Accidents Claims Tribunal at Kottayam shall stop the trial of O.P(M.V).No.619/2017, if already started, till the files pertaining to O.P(M.V.) No.564/2017 are received by way of transmission from Motor Accidents Claims Tribunal, Pala.
The Transfer Petition is disposed of with directions issued as above.
Sd/-
MARY JOSEPH JUDGE NAB Tr.P.(C).No.82 of 2021 6 APPENDIX PETITIONER'S ANNEXURE ANNEXURE-A TRUE COPY OF THE ORIGINAL PETITION O.P.
(M.V)619/2017 PENDING BEFORE THE MACT, KOTTAYAM ANNEXURE-B TRUE COPY OF THE ORIGINAL PETITION O.P.
(M.V)564/2017 BEFORE THE MACT, PALA ANNEXURE-C TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.P.
(M.V)619/2017 MACT, KOTTAYAM ANNEXURE-D TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.P.(M.V)564/2017 BEFORE THE MACT, PALA RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P A TO JUDGE