Kerala High Court
Oriental Insurance Company vs Mrs Dhanlakshmi Aneesh on 6 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
TR.P(C) NO. 132 OF 2023
AGAINST THE ORDER/JUDGMENT IN OPMV NO.2879 OF 2019 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
PETITIONER/3RD RESPONDENT:
ORIENTAL INSURANCE COMPANY
2ND FLOOR, SATHYAMOORTHY ROAD,
PUTHUKOTTAI, TAMIL NADU,
REPRESENTED BY MR P.P. KRISHNAMOORTHY,
MANAGER, ORIENTAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE, METRO PALACE,
ERNAKULAM NORTH, PIN - 682018
BY ADV S.K.AJAY KUMAR
RESPONDENTS/PETITIONERS 1 TO 5 & RESPONDENTS 1 & 2 IN OPMV
2879/2019 MACT ERNAKULAM/ PETITIONERS 1 TO 3 &
RESPONDENTS 1, 2 & 4IN OPMV 1480/2019, MACT, ALAPPUZHA:
1 MRS DHANLAKSHMI ANEESH
AGED 39 YEARS
VELLIMPARAMBIL HOUSE, THYCKAL P.O,
CHERTHALA, ALAPPUZHA-688530,
NOW RESIDING AT PADDNNAKARI HOUSE,
KUMBALANGI, COCHIN, PIN - 682007
2 AKSHITHA V.A
AGED 14 YEARS, D/O ANEESH,
VELLIMPARAMBIL HOUSE, THYCKAL P.O,
CHERTHALA, ALAPPUZHA-688530,
NOW RESIDING AT PADDNNAKARI HOUSE,
KUMBALANGI, COCHIN,
REPRESENTED BY MOTHER AND NEXT FRIEND,
MRS DHANLAKSHMI ANEESH, PIN - 682007
3 NIRANJAN V.A
AGED 10 YEARS, S/O ANEESH,
VELLIMPARAMBIL HOUSE, THYCKAL P.O,
CHERTHALA, ALAPPUZHA-688530,
NOW RESIDING AT PADDNNAKARI HOUSE,
KUMBALANGI, COCHIN,
REPRESENTED BY MOTHER AND NEXT FRIEND,
MRS DHANLAKSHMI ANEESH., PIN - 682007
Tr.P.(C) No. 132/2023
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4 MRS SOBHANA
AGED 63 YEARS, W/O DASAN,
VELLIMPARAMBIL HOUSE, THYCKAL P.O,
CHERTHALA, ALAPPUZHA-688530,
NOW RESIDING AT PADDNNAKARI HOUSE,
KUMBALANGI, COCHIN, PIN - 682007
5 MR DASAN BHASAKARAN
AGED 66 YEARS, S/O BHASAKARAN,
VELLIMPARAMBIL HOUSE, THYCKAL P.O,
CHERTHALA, ALAPPUZHA-688530,
NOW RESIDING AT PADDNNAKARI HOUSE,
KUMBALANGI, COCHIN, PIN - 682007
6 RAMESH M
AGED 48 YEARS, S/O NAGARAJAN V,
12A, GANDINAGAR, 8TH CROSS, MANACHANALLUR,
TIRUCHIRAPALLI, TAMIL NADU, PIN - 621005
7 MRS MANICKAMMAL R
W/O RAJALINGAM, NO.3A/4, MARIS AVENUE,
COLLECTOR OFFICE ROAD, TRICHI, PIN - 620001
BY ADVS.
RASHMI.K.V
B.S.SURESH KUMAR
LAKSHMI(K/002840/2022)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P.(C) No. 132/2023
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ORDER
This transfer petition has been filed to transfer O.P.(MV) No.
2879/2019 pending on the file of Motor Accidents Claims Tribunal,
Ernakulam to Motor Accidents Claims Tribunal, Alappuzha.
2. I have heard the learned counsel for the petitioner as well as
the learned counsel for the respondents.
3. The petitioner herein is the insurance company and the
respondents are the claimants. Two claim petitions have been filed before
two different Tribunals in respect of the very same accident. Since both
claim petitions are connected, it is just and proper that both are tried and
disposed of by the same Tribunal.
Hence, this transfer petition is allowed. O.P.(MV) No. 2879/2019
pending on the file of Motor Accidents Claims Tribunal, Ernakulam is
withdrawn and transferred to the Motor Accidents Claims Tribunal,
Alappuzha for trial and disposal along with O.P.(MV) No.1480/2019.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF TR.P(C) 132/2023
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE CLAIM PETITION, OP (MV)
NO.2879/2019 FILED BEFORE THE MACT ERNAKULAM
BY THE LEGAL HEIRS OF DECEASED ANEESH
ANNEXURE A2 THE TRUE COPY OF THE O.P(MV) NO.1480/2019
PENDING BEFORE THE MACT, ALAPPUZHA FILED BY
THE WIFE AND CHILDREN OF DECEASED ANEESH
