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2023 Supreme(Online)(KER) 13210
HIGH COURT OF KERALA
C.S. DIAS, J
SOSAMMA RAJU
– Appellant
Versus
MUHAMMED SHA – Respondent
Tr.P(C) 647 2022
PRATHEESH.P, ANJANA KANNATH, T.S.SREEKUTTY, ANZIL SALIM, SURESH KUMAR, LAL K.JOSEPH
The court affirmed that convenience factors like geographical distance and the age of claimants warrant exercise of discretion under Sec. 24 of the CPC for case transfer.
Headnote:
Transfer - Motor Vehicle Accident Claims - Code of Civil Procedure - Sec. 24 - The court exercised its discretionary powers under Section 24 of the Code of Civil Procedure to allow a transfer of the claim petition based on the petitioners' convenience and the age of the first petitioner.
Fact of the Case:
The petitioners, related to a deceased in a road accident, sought to transfer their claim petition from Kollam to Pathanamthitta due to inconvenience in traveling for hearings.
Finding of the Court:
The court determined that transferring the claim petition was reasonable, especially considering the age and circumstances of the first petitioner.
Issues: Whether the transfer of the claim petition from one tribunal to another under Section 24 of the Code of Civil Procedure was justified based on the petitioners' convenience.
Ratio Decidendi: The court's decision to grant the transfer was based on the discretion provided under Sec. 24, weighing the petitioners' convenience and the first petitioner's age.
Final Decision: The transfer petition is allowed, moving the case to Pathanamthitta Tribunal.
ORDER
Dated this the 04th day of April, 2023 The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer OP (MV) No.135/2019 (Annexure 1) from the Additional Motor Accidents Claims Tribunal (in short, 'Tribunal') –
V, Kollam, to the Tribunal at Pathanamthitta.
2. The petitioners' case, in brief, in the memorandum of transfer petition is that, they are the claimants in Annexure 1, which was filed, seeking compensation on account of the death of Sino Raj (deceased) in a road accident on 04.12.2018. The 1st petitioner is the mother and the petitioners 2 and 3 are the siblings of the deceased. The respondents are the owner, driver and insurer, respectively of the two vehicles involved in the accident. It was at the instance of the father of the deceased that Annexure 1 was filed before the Tribunal at Kollam. The petitioners are residing within the jurisdiction of the Tribunal at Pathanamthitta. It is practically difficult and inconvenient for the petitioners to travel all the way from Pathanamthitta to Kollam to contest Annexure 1.
Hence, the transfer petition.
3. Heard; Sri.Pratheesh P, the learned counsel appearing for the petitioners and Sri.Lal K Joseph, the learned counsel appearing for the respondents 3 and -
6 insurers of the two vehicles.
4. On an evaluation of the pleadings and materials on record, it can be deciphered that the 1st petitioner is the mother and the petitioners 2 and 3 are the siblings of the deceased. The main contesting respondent in the claim petition is the insurer (same insurance company) – the respondents 3 and 6. Taking into account the fact that the 1st petitioner is a lady aged 60 years of age, I am inclined to exercise the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure in favour of the 1st petitioner, and order the transfer of Annexure 1.
In the result, I allow the transfer petition as follows:
(i) OP (MV) No.135/2019 is transferred from the Tribunal at Kollam to the Tribunal at Pathanamthitta.
(ii) The Registry shall forward a copy of this order to the Additional MACT – V, Kollam, with instructions to forthwith transmit the records in Annexure 1 to the Tribunal at Pathanamthitta.
(iii) The Tribunal at Pathanamthitta, shall, immediately on receipt of the records in Annexure 1, issue notice to the parties for their appearance.
Sd/-
C.S.DIAS Judge
APPENDIX PETITIONERS' ANNEXURES Annexure 1 TRUE COPY OF THE DEATH CERTIFICATE ISSUED FROM THE PATHANAMTHITTA MUNICIPALITY DATED
14.10.2022.
Annexure 2 TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONERS IN OP(MV) NO.135/2019 ON THE FILE OF MACT, KOLLAM.
