Jaseel P.K vs Surendran R
2024 Latest Caselaw 14205 Ker

Kerala High Court

Jaseel P.K vs Surendran R on 29 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946

                    TR.P(C) NO. 349 OF 2024
AGAINST THE ORDER/JUDGMENT IN OPMV NO.1370 OF 2021 OF MOTOR
              ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE

PETITIONER/PETITIONER/1ST RESPONDENT IN OP:

            JASEEL P.K
            AGED 27 YEARS
            S/O. JAMAL, RESIDING AT KAKKURUMMAL HOUSE
            PUNNAYILKUZHIYIL, P.O. KAKKUR, CHELANNUR,
            NANMINDA, KOZHIKODE, PIN - 673613
            BY ADVS.
            V.V.SURENDRAN
            P.A.HARISH
            DONA PAUL


RESPONDENTS/RESPONDENTS/APPLICANT AND R2:

    1       SURENDRAN R
            AGED 63 YEARS
            S/O. RAMAN, RESIDING AT KOOMULLATTE HOUSE P.O
            NADUVANNUR, BALUSSERY KOZHIKODE, PIN - 673614
    2       THE NEW INDIA INSURANCE CO. LTD
            BRANCH OFFICE PERAMBRA, KOZHIKODE REPRESENTED ITS
            MANAGER,, PIN - 673525
    3       THE NEW INDIA INSURANCE CO. LTD,
            CALICUT D.O.I (760600) SILVER PLAZA BUILDING,
            INDIRA GANDHI ROAD, CALICUT REPRESENTED ITS
            MANAGER,, PIN - 673004
            BY ADV
            SRI.LAL.K.JOSEPH - STANDING COUNSEL


     THIS    TRANSFER   PETITION   (CIVIL)     HAVING   COME   UP   FOR
ADMISSION    ON   29.05.2024,   THE    COURT    ON   THE   SAME     DAY
DELIVERED THE FOLLOWING:
                                2
Tr.P.(C) No.349 of 2024




           Dated this the 29th day of May, 2024



                           ORDER

This Transfer Petition has been filed to transfer O.P.

(M.V.) No.1370/2021 on the files of the Motor Accidents

Claims Tribunal, Kozhikode-V to the Motor Accidents Claims

Tribunal, Kozhikode-IV.

2. I have heard Sri. V. V. Surendran, the learned

counsel for the petitioner as well as Sri. Lal K. Joseph, the

learned Standing Counsel for the respondents 2 and 3.

Notice against respondent No.1 is dispensed with.

3. Two claim petitions have been filed in respect of the

same accident before the two claims tribunal. It is just and

fair that both cases are tried and disposed by the very same

tribunal. Hence, this Transfer Petition is allowed. O.P.(M.V.)

No.1243/2021 on the files of the Motor Accidents Claims

Tribunal, Kozhikode-IV is withdrawn and transferred to the

Motor Accidents Claims Tribunal, Kozhikode-V to be tried

along with O.P.(M.V.) 1370/2021 pending there.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR

APPENDIX OF TR.P(C) 349/2024

PETITIONER'S ANNEXURES Annexure A1 A TRUE COPY OF O.P (M.V.) NO. 1243 OF 2021 DATED 31.08.2021 ON THE FILE OF THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE-IV Annexure A2 A TRUE COPY OF THE O.P (M.V.) NO. 1370 OF 2021 ON THE FILE OF THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE-V, DATED 27.09.2021

RESPONDENTS' ANNEXURES: NIL