Ratheesh O vs Rajesh R
2022 Latest Caselaw 5890 Ker

                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

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

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.