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2023 Supreme(Online)(KER) 23759

HIGH COURT OF KERALA
C.S. DIAS, J
BINDU TS
– Appellant
Versus

KAMALAKSHI, – Respondent


Advocates:
SUJITH MATHEW, JOSE ELIZEBATH GEORGE, EMMANUEL CYRIAC

COMMON ORDER

As the transfer petitions are between the same parties and arise out of the same motor accident, which led to the death of Biju (deceased), they are being disposed of by this common order.

2. Tr.P(C) No.754/2022 is filed by the wife and children of the deceased, against the mother of the deceased, owner, driver and insurer of the offending vehicle, to transfer O.P.(M.V))No.797/2021 filed by the mother from the Motor Accidents Claims Tribunal (in short, Tribunal), Attingal to the Tribunal at Kollam. Tr.P(C)No.729/2022 is filed by the owner of the offending vehicle, against the mother of the deceased, driver, insurer and the wife and children of the deceased, to transfer O.P.(M.V) No.827/2021, filed by the wife and children from the Tribunal at Kollam to the Tribunal at Attingal. For the sake of convenience, the parties and the pleadings are referred to as per the litigate status in Tr.P(C)No.754/2022, which is treated as a leading case.

3. The petitioners ‘ case, is that, they have filed O.P (M.V) No.827/2021 (Annexure 2) before the Tribunal at Kollam, against the mother of the deceased, owner, driver and insurer of the offending vehicle, claiming compensation on account

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