Kerala High Court
Future Generali India Insurance Co.Ltd vs K.S.R.T.C on 4 December, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 4TH DAY OF DECEMBER 2012/13TH AGRAHAYANA 1934
Tr.P(C).No. 492 of 2012 ()
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OPMV.199/2011 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA
PETITIONER(S):
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FUTURE GENERALI INDIA INSURANCE CO.LTD
4TH FLOOR, MALABAR COCHIN ARCADE, M.G ROAD
ERNAKULAM.
BY ADV. SRI.K.B.RAMANAND
RESPONDENT(S):
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1. K.S.R.T.C
REPRESENTED BY THE DISTRICT TRANSPORT OFFICER
CHENGANNUR.
2. THARA
W/O.PADMAKUMAR, THARA VIHAR
TC 24/2213 (OLD TC 29/1538, CRA - 102, WEST FORT
PERUMTHANNI, THIRUVANANTHAPURAM 8.
3. ASHA
W/O.LATE MADHAVANKUTTY NAIR
PERMANENT RESIDENT OF SAI SUDHA HOUSE
CHITRA NAGAR, POOJAPPURA P.O
TRIVANDRUM CORPORATION, NOW RESIDING AT NO.17/269
KRISHNAKUNJ, NORTH FORT, THRIPPUNITHURA
ERNAKULAM 682 301.
R2 BY ADV. SRI.R.BINDU (SASTHAMANGALAM)
R2 BY ADV. SRI.M.SUNILKUMAR
R3 BY ADV. SRI.P.V.ANIL
BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. CHITAMBARESH, J
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Tr.P(C) NO. 492 OF 2012
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Dated this the 4th day of December, 2012
ORDER
It is conceded that altogether nine claim petitions have been preferred in respect of one and the same accident. Five claim petitions are pending on the file of the Motor Accident Claims Tribunal, Alappuzha. The present claim in OP(MV) No. 199/2011 is pending on the file of the Motor Accident Claims Tribunal, Mavelikkara. Three other claim petitions are pending on the file of the Motor Accident Claims Tribunal, Thiruvananthapuram.
2. The accident involves two cars and one bus owned by the Kerala State Road Transport Corporation. The insurer of one of the cars has moved this transfer petition. The prayer is to transfer OP (MV) No. 199/2011 from the Motor Accident Claims Tribunal, Mavelikkara to the Motor Accident Claims Tribunal, Alappuzha. It will be expedient in the interest of justice if OP(MV) No. 199/2011 is also transferred to the Motor Accident Claims Tribunal, Alappuzha. The said claim is one preferred by the Kerala State Road Transport Corporation 2 Tr.P(C) No. 492/2012 for property damage.
3. OP(MV) No. 199/2011 deserves to be tried along with five other claim petitions pending before the Motor Accident Claims Tribunal, Alappuzha. The question of negligence on the part of the driver of the vehicles arise for consideration in all the claim petitions. I therefore transfer OP(MV) No. 199/2011 from the Motor Accident Claims Tribunal, Mavelikkara to the Motor Accident Claims Tribunal, Alappuzha. The Motor Accident Claims Tribunal, Alappuzha shall issue notice to the parties.
The Transfer Petition is disposed of. No costs.
V. CHITAMBARESH JUDGE ncd