Kerala High Court
Shriram General Insurance Co.Ltd vs Babu Varghese on 3 June, 2021
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
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
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
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
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
