Kerala High Court
Rajendran V.M vs Mathew P.K on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
Tr.P(C).No.559 OF 2018
AGAINST THE ORDER/JUDGMENT IN OP 254/2017 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL PALA
PETITIONERS/CLAIM PETITIONERS IN THE OP.(MV):
1 RAJENDRAN V.M.
AGED 45 YEARS
H/O.DECEASED MINIMOL,
VELLISSERIL,
ARAKKULAM,
MOOLAMATTOM
2 ABIJITH
AGED 21 YEARS
S/O. DECEASED MINIMOL ,
VELLISSERIL,
ARAKKULAM MOOLAMATTOM
3 ASHMA RAJENDRAN,
AGED 18 YEARS
D/O. DECEASED MINIMOL,
VELLISSERIL,
ARAKKULAM MOOLAMTTOM
BY ADV. SRI.K.N.CHANDRABABU
RESPONDENTS/1ST RESPONDENT:
1 MATHEW P.K.
S/O.KURIAN,
PUTHETTU HOUSE,
VIII/57,
KUDAYATHOOR,
KANJAR PO,
THODUPUZHA,
PIN 684592
(OWNER-CUM DRIVER)
2 NEW INDIAN INSURACNEW CO. LTD.,
BRANCH PALA- 686575, KOTTYAM DISTRICT
Tr.P(C).No.559 OF 2018 2
R1 BY ADV. SRI.C.M.TOMY
R1 BY ADV. SRI.MATHEW SKARIA
R1 BY ADV. SRI.MANU TOM
R1 BY ADV. SRI.BALU TOM
R1 BY ADV. SRI.K.R.JITHIN
R2 BY ADV. SRI.M.M.IRSHAD MOOPPAN
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Tr.P(C).No.559 OF 2018 3
ORDER
Dated this the 11th day of January 2021
Petitioners who requested for transfer of O.P. (M V) No.
254 of 2017 pending before MACT, Pala, are the claimants
themselves.
2. The sole ground taken for transfer is that MACT, Pala
lacks jurisdiction to prosecute the proceedings in as much as the
petitioners and 1st respondent, owner cum driver live within the
jurisdiction of MACT, Thodupuzha. The branch office of the 2 nd
respondent, the insurance company is however situated within the
jurisdiction of MACT, Pala.
3. The learned Counsel for the insurance company objects
to transfer of the proceedings contending that if at all MACT, Pala,
lacks jurisdiction also, the objection ought to be raised before that
court and the proceedings got returned invoking order VII Rule 7
of the C.P.C. It is admitted by the insurer that the claimants and
the 1st respondent in the O.P. are residing within the territorial
limits of MACT, Thodupuzha. The insurance company has a
contention that on the date of accident, the policy issued by it
ceased to have its effect. If no award could be passed against the
insurer, it is quite futile for the petitioners to continue the claim
proceedings before MACT, Pala.
4. After hearing both sides, I am not inclined to take a
hypertechnical view in this matter. Section 24(5) of the C.P.C.
which permits transfer of proceedings even in cases where the
court ceases to have territorial jurisdiction to try the case reads as
follows:
"A suit or proceedings may be transferred under this
section from a Court which has no jurisdiction to try
it."
5. In that circumstance, accepting the plea of the
petitioners, I am of the opinion that it is only fair to order transfer
of proceedings pending before the MACT, Pala, to MACT,
Thodupuzha.
In the result, transfer petition is allowed and the proceedings
pending before the MACT, Pala are withdrawn and made over to
MACT, Thodupuzha. The MACT, Pala, is directed to forward the
case records to MACT, Thodupuzha and on receipt of the records,
the transferee tribunal shall arrange to issue notice to parties
before it, requiring their appearance within a reasonable period of
time.
Sd/-
T.V.ANILKUMAR
JUDGE
SMF/11.01
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE MEMORANDUM OF O.P. (MV)
NO. 254/2017 ON THE FILES OF THE MACT AT
PALA
ANNEXURE A2 A TRUE COPY OF THE WRITTER STATEMENT OF
2ND RESPONDENT
ANNEXURE A3 A TRUE COPY OF THE ORDER PASSED BY THE
MACT, PALA DATED 17.03.2017
ANNEXURE A4 A TRUE COPY OF THE OBJECTION FILED BY
THE 1ST RESPONDENT
//TRUE COPY//
PA TO JUDGE
