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2026 Supreme(Online)(Ker) 15355
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
MARIYA GEORGE – Appellant
Versus
MOHAMMED SHAHEEN PALLATHAKATHOOTT – Respondent
TR.APPEAL(C) NO. 1 OF 2026 | O.P.(MV) No.301 of 2021 | O.P.(MV) No.444 of 2021
For the Appellants/Petitioners: SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA, SMT.JINCY C.J.
For the Respondents: SRI.GEORGE A.CHERIAN, SHRI.VINU A.V, SMT.ROSANNA C. WILSON, SRI.GEORGE CHERIAN (SR.), SRI.K.SHAJU VARGHESE, SHRI.LEO SANJO, SMT.DAYANA SAJI, SMT.ANASWARA K.P., SHRI.ALEN SHAJU
Jurisdiction in multiple claims for the same accident is determined by the earliest filed case, warranting transfer to unify proceedings.
Headnote:The court examined the appeal against a single judge's order declining to transfer a case pending before the Motor Accidents Claims Tribunal. The appellants, seeking compensation for their deceased relative, argued for the transfer to unify two claims stemming from the same accident. The court noted that under Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation, jurisdiction is based on the timing of filings. The ruling confirmed that the earlier filed claim dictates jurisdiction, favoring a transfer to enable consolidated hearings. The appeal was granted, and the order contested was set aside.
| Table of Content |
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| 1. overview of the case and its background regarding the motor accident and claims. (Para 1 , 2 , 3 , 5) |
| 2. application of existing law to determine jurisdiction over claims. (Para 7 , 8) |
Sathish Ninan, J.
The order of the learned Single Judge declining to transfer O.P.(MV) No.301 of 2021 pending on the files of the Motor Accidents Claims Tribunal, North Paravur to the Motor Accidents Claims Tribunal at Perumbavoor, is under challenge in this appeal by the petitioners in the transfer petition.
2. The appellants-petitioners are the widow and minor daughter of late Jibeesh, who died in a motor accident.
Respondents 4 and 5 are his parents.
3. Claiming compensation for the death of Jibeesh, the appellants filed O.P.(MV) No.444 of 2021 before MACT, Perumbavoor, and respondents 4 and 5 filed O.P.(MV) No.301 of 2021 before MACT, North Paravur.
4. The appellants were arrayed as respondents in O.P.
(MV) No.301 of 2021. On their failure to appear, they were set ex parte and award was passed therein granting compensation of Rs.29,21,100/- with interest thereon. The award was set aside at the instance of the appellants. The O.P.(MV) stands posted for evidence. The prayer of the appellants is to transfer O.P.(MV) No.301 of 2021 from MACT, North Paravur to MACT, Perumbavoor, where O.P.(MV) No.444 of
2021 is pending.
5. The request for transfer was declined stating that, two claim petitions could not be maintained for the same accident; O.P.(MV) No.301 of 2021 was already disposed of and the award amount was deposited by the insurance company; since the O.P.(MV) has been restored, the appellants can seek compensation in the very same petition.
6. We have heard the learned counsel on either side.
7. In Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation [(2023) 4 SCC 381] , the Apex Court held that, where more than one claim petition relating to the same accident, pending before different Tribunals, the Tribunal where the claim petition was filed first in point of time shall have the jurisdiction and the other claim petitions shall stand transferred to such Tribunal.
8. The judgment of the Apex Court applies to the case at hand on all fours. O.P.(MV) No.444 of 2021 before MACT, Perumbavoor was filed first in point of time. Though an award was passed in O.P.(MV) No.301 of 2021, the O.P stands restored to file on the application of the appellants. The mere fact that the insurance company deposited the award amount in O.P.(MV) No.301 of 2021 is of no significance. In O.P.(MV) No.444 of 2021, the compensation claimed is much higher than the claim raised in O.P.(MV) No.301 of 2021. In the light of the above, we find that O.P.(MV) No.301 of 2021 is liable to be withdrawn and transferred to MACT, Perumabvoor to be tried along with O.P.(MV) No.444 of 2021.
Resultantly, the transfer appeal is allowed. The order impugned will stand set aside. O.P.(MV) No.301 of 2021 pending before MACT, North Paravur will stand withdrawn and transferred to MACT, Perumabvoor to be tried along with O.P.
(MV) No.444 of 2021.
