Kerala High Court
Saradha.M.P vs Sharath.V.S on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
TR.P(C) NO. 102 OF 2021
(TO TRANSFER O.P (M.V)NO.732/2018 ON THE FILE OF THE
MOTOR ACCIDENTS CLAIMS TRIBUNAL ,PERUMBAVOOR TO MOTOR
ACCIDENTS CLAIMS TRIBUNAL, MANJERI, MALAPPURAM DISTRICT)
PETITIONER/CLAIMANT NO.3:
SARADHA.M.P
AGED 83 YEARS
W/O. AYYAPPAN (LATE), MUNDOTHUPARAMBIL HOUSE,
KOLATHUPARAMBU, OTHUKKUNGAL, MALAPPURAM
DISTRICT - 676 528.
BY ADV P.M.RAFIQ
RESPONDENTS/CLAIMANTS 1,2 AND RESPONDENTS 1 AND 2:
1 SARATH.V.S
AGED 27 YEARS, S/O. SASEENDRAN V.K., VADAKKATH
HOUSE, KUNNAPPILLYSSERY, PARAKKADAVU, PULIYANAM
P.O., MALAPPURAM DISTRICT - 683 572.
2 SACHIN.V.S.
AGED 25 YEARS, S/O. SASEENDRAN V.K., VADAKKATH
HOUSE, KUNNAPPILLYSSERY, PARAKKADAVU, PULIYANAM
P.O., MALAPPURAM DISTRICT - 683 572.
3 SASEENDRAN
S/O. KANDUNNI, 6/615, VADAKKATHHOUSE,
KUNNAPPILLYSSERY, PARAKKADAVU, PULIYANAM P.O.,
MALAPPURAM DISTRICT - 683 572.
4 M/S. UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE, K.G. TOWER, ANGAMALY P.O.,
ERNAKULAM DISTRICT - 683 572, REP. BY BRANCH
MANAGER
BY ADVS.
SRI.A.N.SANTHOSH
Tr.P(C)No.102 of 2021
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SRI.A.N.SANTHOSH
SRI.P.K.MANOJKUMAR
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P(C)No.102 of 2021
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Tr.P(C)No.102 of 2021
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ORDER
In this case, the petitioner who is aged 83 years,
who is the mother of the deceased involved in O.P (MV)
No. 732 of 2018 pending before the Motor Accidents
Claims Tribunal, Perumbavoor seeks transfer the same to
the Motor Accidents Claims Tribunal, Manjeri, where she
has been residing. It is specifically contended that the
other two claimants in the original petition are the sons of
the husband of the deceased and the daughter of the
petitioner died issueless. Now the petitioner, who is aged
83 years, narrated difficulties in the matter of conducting
the case before the Motor Accidents Claims Tribunal,
Tr.P(C)No.102 of 2021
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Perumbavoor and therefore, she seeks transfer.
2. R1 to R3 filed objection in writing and
opposed transfer. The learned counsel for R4 not opposed
transfer.
3. Having considered the said prayer at par
with the grievance advanced by the aged petitioner, this
original petition is allowed and accordingly, O.P (MV) No.
732 of 2018 pending before the Motor Accidents Claims
Tribunal, Perumbavoor shall stand transferred to the Motor
Accidents Claims Tribunal, Manjeri.
4. Forward a copy of this order within two
weeks for compliance to the Motor Accidents Claims
Tribunal, Perumbavoor. Motor Accidents Claims Tribunal,
Perumbavoor is directed to forward the case records to
Motor Accidents Claims Tribunal, Manjeri forthwith.
5. The parties are directed to appear before
Tr.P(C)No.102 of 2021
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the Motor Accidents Claims Tribunal, Manjeri on
30.03.2022 at 11.00 a.m.
Having considered the fact that the petitioner is
aged 83, Motor Accidents Claims Tribunal, Manjeri is
directed to expedite this original petition within a period of
three months from the date of receipt of a copy of this
judgment. The petitioner is permitted to appoint a lawyer
of her choice for conducting case before the Motor
Accidents Claims Tribunal, Manjeri.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
Tr.P(C)No.102 of 2021
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APPENDIX OF Tr.P(C) 102/2021
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE CLAIM PETITION IN
O.P.(M.V) NO.732/2018 ON THE FILES OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL,
PERUMBAVOOR.
ANNEXURE B TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE ISSUED BY THE TAHSILDAR,
ALUVA, DATED 18.12.2018.
