Nikhil, vs Nizam,

Nikhil, vs NIZAM,

Type Court Judgment Court Kerala Decided Jun 13, 2022

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https://sooperkanoon.com/case/1506102

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Citation: sooperkanoon.com/1506102
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jun 13, 2022
Case Number: Tr.P(C)/475/2021

Parties & Advocates

Appellant / Petitioner

Nikhil,

Respondent

NIZAM,

Excerpt

.....susan george, the learned counsel appearing for the petitioner and sri.p.k.manojkumar, the learned counsel appearing for the 3 rd respondent. even though service of notice was complete on the respondents 1 and 2, there is no appearance for them.5. in the light of the uncontroverted pleadings and materials on record, in the totality of the facts and circumstances of the case, particularly the fact thatannexures ii and iii are already pending before the ii additional mact kollam, in respect of the same accident, i am inclined to exercise the discretionary powers of this court under section 24 of the code of civil procedure andorder the transfer of annexure-i, so that the cases can beconsolidated and jointly tried which would save precious judicial time and avoid conflict of decisions. in the result, i allow the transfer petition by ordering the transfer of o.p no.1020/2017 from the vth additional motor accidents claims tribunal, kollam to the ii additional motor accidents claims tribunal, kollam the registry shall forward a copy of this order to the vth additional motor accidents claims tribunal, kollam with instructions to forthwith transmit the records in annexure-i to the ii additional motor accidents claims tribunal, kollam. the ii additional motor accidents claims tribunal kollam shall, immediately on the receipt of the records in annexure-1, call the case along with annexures ii and iii.sd/- c.s.dias ma/13.6.2022 judge appendix of tr.p(c) 475/2021 petitioner annexures annexure i the copy of the original petition in op(mv) no.1020/2017 on the files of the vth additional motor accidents claim tribunal, annexure ii the copy of the original petition in op(mv) no.970/2017 on the files of the iind additional motor accidents claims tribunal, annexure iii the copy of the original petition in op(mv) no.1021/2017 on the files of the iind additional motor accidents claims tribunal,

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 AGAINST OP(MV)1020/2017 OF THE VTH ADDL.MACT, KOLLAM PETITIONER/PETITIONER: NIKHIL, AGED 26 YEARS S/O/.ANANDAN, VALLYAYATH VADAKKATHIL, KADAPPA, MYNAGAPPALLY, KOLLAM-691 519. BY ADV ANN SUSAN GEORGE RESPONDENT/RESPONDENTS: 1 NIZAM, S/O.ALIYARUKUTTY, PARANKAMOOTTIL, MULLAKKERI, PANMANA, KARUNAGAPPALLY-691 583. 2 NISAM, S/O.ALIYARUKUNJU, KOTTAYUDE VADAKKATHIL, PANMANA P.O., CHAVARA-691 583. 3 UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, CHINNAKKADA, KOLLAM-691 001. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P(MV) No.1020/2017 (Annexure I) from the Vth Additional Motor Accidents Claims Tribunal, Kollam to the IInd Additional Motor Accidents Claims Tribunal, Kollam where O.P. Nos

2. The petitioner’s case, in brief, is that, he is the

petitioner in Annexure I filed against the respondents The other injured in the same accident have already filed Annexures II and III against the respondents, which were made over to the IInd Additional Motor Accidents Claims Tribunal, Kollam. Therefore, in order to have a consolidation and joint trial of all the three cases, Annexure- I may be transferred to the II Additional MACT, Kollam. Hence the transfer petition.

3. Heard; Smt.Ann Susan George, the learned counsel appearing for the petitioner and Sri.P.K.

Manojkumar, the learned counsel appearing for the 3 rd respondent. Even though service of notice was complete on the respondents 1 and 2, there is no appearance for them.

5. In the light of the uncontroverted pleadings and materials on record, in the totality of the facts and circumstances of the case, particularly the fact that

Annexures II and III are already pending before the II Additional MACT Kollam, in respect of the same accident, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and

order the transfer of Annexure-I, so that the cases can be

consolidated and jointly tried which would save precious judicial time and avoid conflict of decisions. In the result, I allow the transfer petition by ordering the transfer of O.P No.1020/2017 from the Vth Additional Motor Accidents Claims Tribunal, Kollam to the II Additional Motor Accidents Claims Tribunal, Kollam The Registry shall forward a copy of this order to the Vth Additional Motor Accidents Claims Tribunal, Kollam with instructions to forthwith transmit the records in Annexure-I to the II Additional Motor Accidents Claims Tribunal, Kollam. The II Additional Motor Accidents Claims Tribunal Kollam shall, immediately on the receipt of the records in Annexure-1, call the case along with Annexures II and III.

Sd/- C.S.DIAS ma/13.6.2022 JUDGE APPENDIX OF TR.P(C) 475/2021 PETITIONER ANNEXURES Annexure I THE COPY OF THE ORIGINAL PETITION IN OP(MV) NO.1020/2017 ON THE FILES OF THE VTH ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, Annexure II THE COPY OF THE ORIGINAL PETITION IN OP(MV) NO.970/2017 ON THE FILES OF THE IIND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, Annexure III THE COPY OF THE ORIGINAL PETITION IN OP(MV) NO.1021/2017 ON THE FILES OF THE IIND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL,

Same Court & Year Kerala · 2022 Same Parties Nikhil, vs NIZAM, Same Judge Honourable Mr.Justice C.S.Dias