The Oriental Insurance Co.Ltd vs Arun.K
2024 Latest Caselaw 4608 Ker

Kerala High Court

The Oriental Insurance Co.Ltd vs Arun.K on 6 February, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                     TR.P(C) NO. 514 OF 2023
 AGAINST THE ORDER/JUDGMENT OPMV 76/2023 OF MOTOR ACCIDENT CLAIMS
                       TRIBUNAL, OTTAPPALAM
PETITIONER/3RD RESPONDENT IN O.P.(MV)No.76/2023:

          THE ORIENTAL INSURANCE CO.LTD.,
          REP. BY MANAGER, DIVISIONAL OFFICE-VII, NO. 377,
          ANNA SALAI, R.R. COMPLEX, III FLOOR, TEYNAMPET,
          CHENNAI, TAMIL NADU -600018.
          REPRESENTED BY ITS ASSISTANT MANAGER,
          REGIONAL OFFICE, M.G. ROAD ERNAKULAM, PIN - 682011

          BY ADVS.
          GEORGE A.CHERIAN
          SOUMYA FRANCIS
          GEORGE CHERIAN (SR.)


RESPONDENTS/PETITIONER AND RESPONDENTS 1,2 & 4 IN O.P.
(MV)No.76/2023:

    1     ARUN K.,
          S/O ASOK KUMAR KUNNATH RAVISADAN.P.O., CHUDUVALATHUR,
          SHORNUR-I PALAKKAD DIST., PIN - 679121

    2     SAJAD.K.U
          S/O UMMER KOTTAMBATHOOR HOUSE CHERUTHURUTHY ROAD,
          PALLAM.P.O. , DESAMANGALAM THRISSUR DIST., PIN - 679532

    3     KHADEEJA
          W/O. YOUSAF, KOTTAMBATHOOR COLONY DESAMANGALAM.P.0.,
          ATTUPURAM, THRISSUR DIST., PIN - 679532

    4     MUHAMMED ABDUL RAHMAN E.M.
          EYYEM MADAKKAL HOUSE, MUTHUTHALA.P.O. ,
          PALAKKAD DIST., PIN - 679303


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 514 OF 2023         -2-



                            JUDGMENT

The petitioner herein is the Oriental

Insurance Company, who is the third respondent in

O.P.(MV)No.76/2023. The petitioner seeks transfer

of the said Original Petition from the Motor

Accident Claims Tribunal, Ottapalam to Motor

Accident Claims Tribunal, Thrissur, so that the

said Original Petition can be tried jointly with

the O.P.(MV) No.2537 of 2022, both Original

Petitions having arisen from the same accident.

2. Though notice was served on the

respondents, they have not chosen to appear before

this Court.

3. Heard the learned counsel for the

petitioner.

4. This Court notice that the accident was

between two motor cycles, as a result of which,

one Usman passed away. His legal heirs are the

petitioners in O.P.(MV) No.2537 of 2022, which is

filed before the Motor Accident Claims Tribunal,

Thrissur. The Driver of the other motor cycle,

who also sustained injuries, filed O.P.

(MV)No.76/2023 before the Motor Accident Claims

Tribunal, Ottapalam. Now, the petitioner/

insurance company seeks consolidation of the two

original petitions, since the subject matter, as

also the evidence to be adduced, are more or less

the same.

Having considered the facts and circumstances,

this Court is inclined to allow the transfer

sought for. Accordingly, O.P.(MV)No.76/2023

pending before the Motor Accident Claims Tribunal,

Ottapalam is directed to be transferred to Motor

Accident Claims Tribunal, Thrissur for

consolidation and joint trial with O.P.

(MV)No.2537/2022. The transferer court shall

transmit the entire records to the transferee

court forthwith.

Sd/-

C. JAYACHANDRAN JUDGE vv

APPENDIX OF TR.P(C) 514/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE O.P.(MV) NO.76/2023 OF MACT OTTAPALAM DATED 14.02.2023

EXHIBIT P2 A TRUE COPY- OF O.P.(MV) NO.2537/2022 DATED 10.11.2022

EXHIBIT P3 A TRUE COPY- OF WRITTEN STATEMENT FILED BY THE PETITIONER IN O.P.(MV) NO.76/2023, DATED NILL