IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
TR.P(C) NO. 145 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 1042/2018 OF II ADDITIONAL
DISTRICT COURT & II ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL ,KOLLAM
PETITIONER/S:
RATHEESH O
AGED 29 YEARS
S/O OMANAKUTTAN,
RATHEESH BHAVAN,
MANAPPALLY NORTH, PAVUMBA, THAZHAVA P.O.,
KARUNAGAPPALLY TALUK, KOLLAM-690574.
BY ADVS.
K.SIJU
SMT.ANJANA KANNATH
RESPONDENT/S:
1 RAJESH R
S/O RAJAN,
VAKKETHARA KIZHAKKATHIL,
CLAPPANA P.O., KOTTAPPURAM, KARUNAGAPPALLY, KOLLAM-
690525.
2 THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD, DIVISIONAL OFFICER,
POST BOX.NO. 157, 1ST FLOOR, PARAMESWARA PILLAI BHAVAN,
HOSPITAL ROAD, KOLLAM-691001.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) 145/2021
2
ORDER
Petitioner is the first respondent in O.P (MV) No.1042 of 2018 pending before the II Addl. District & Sessions Court and Addl. MACT, Kollam. The petitioner is the owner cum rider of the offending vehicle, a motorbike bearing Reg. No. KL 23-M 1204.
2. The first respondent had filed OP (MV) No.1042 of 2018 before the MACT, Kollam claiming compensation of Rs.5,00,000/- for the injuries sustained. The petitioner filed OP (MV) No.2397/2019 before the MACT, Kollam claiming compensation of Rs.30,00,000/- arising from the same accident. Both cases were pending before the MACT, Kollam. While so, OP (MV) No.1042/2018 was transferred to II Addl. Districts & Sessions Court and Addl. MACT, Kollam. The petitioner submits that OP (MV) No.1042/2018 and OP (MV) No.2397/2019 arise out of the same accident and rival claims regarding compensation, hence it is necessary to have a joint trial of both the cases. Hence, he seeks a transfer of OP (MV) No.1042/2018 pending before the II Addl. Districts & Sessions Court and Addl. MACT, Kollam to MACT, Kollam, where OP (MV) No.2397/2019 is TR.P(C) 145/2021 3 pending.
3. The first respondent received notice issued from this Court and has not entered appearance. The second respondent entered appeared through the Standing Counsel Mr. Lal George.
4. Heard the counsel on both sides.
5. It is an admitted fact that both the cases arise out of the same accident and the claims are rival in nature. To avoid conflicting decisions, it is ordered that both the cases shall be tried by the same court. In the result, OP (MV) No.1042/2018 pending before the II Addl. Districts & Sessions Court and Addl. MACT, Kollam is withdrawn and transferred to MACT, Kollam where OP (MV) No.2397/2019 is pending.
Transfer Petition is allowed.
Sd/- BASANT BALAJI JUDGE JS TR.P(C) 145/2021 4 APPENDIX OF TR.P(C) 145/2021 PETITIONER ANNEXURES ANNEXURE-1 THE COPY OF CLAIM PETITION IN OP(MV) NO. 1042/2018 ON THE FILE OF II ADDL. DISTRICTS & SESSIONS COURT AND ADDL. MACT, KOLLAM DATED 29/6/2018. ANNEXURE-2 THE COPY OF CLAIM PETITION IN OP(MV) NO. 2397/2019 ON THE FILE OF MACT, KOLLAM DATED 8/11/2019. ANNEXURE-3 THE COPY OF CASE STATUS DOWNLOADED FROM E COURTS SERVICES REGARDING OP(MV) NO.1042/2018. ANNEXURE-4 THE COPY OF CASE STATUS DOWNLOADED FROM E COURTS SERVICES REGARDING OP(MV) NO. 2397/2019.