High Court Kerala High Court

Suo Motu vs State Of Kerala on 17 July, 2009

Kerala High Court
Suo Motu vs State Of Kerala on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 49 of 2009()



1. SUO MOTU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :..

                For Respondent  :SMT.RAJI T.BHASKAR

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :17/07/2009

 O R D E R
                          K. M. JOSEPH &
                M.L. JOSEPH FRANCIS, JJ.
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                     Tr.P(C) No. 49 of 2009
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             Dated this the 17th day of July, 2009

                              O R D E R

Joseph Francis, J.

This suo moto transfer petition arose out of the order of

the Acting Chief Justice of this Court dt.29.1.2009. The facts

necessary for disposal of this case are briefly as follows.

2. The Presiding Officer of M.A.C.T., Vatakara has

requested this court to issue necessary orders to re-transfer O.P.

(M.V) Nos. 1612 and 2854 of 2005 of M.A.C.T., Kozhikode

to the transferor Tribunal on the ground that the transferor

Tribunal has jurisdiction to continue the proceedings.

3. One of the Honourable Judges of this Court, as per

order dt.29.11.2008, has directed to call the remarks of the

Presiding Officer of the transferor Tribunal. In the remarks

received, the Presiding Officer of the M.A.C.T., Kozhikode

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has narrated various reasons, including the convenience of the

parties and the malpractices of agents as well as advocates who

file claims, for transferring the claim petitions. This Court as

per order dt.12.1.2009 directed to post the matter before a

Division Bench dealing with M.A.C.T. matters.

4. M.A.C.T., Kozhikode has addressed this Court again,

stating that O.P.(M.V.) No. 446 of 2007 of that Tribunal is

having the same nature as of the claims stated above and

expressed reluctance for transfer, in view of this court taking

up the matter. This Court considered the matter again and as

per order dt.19.1.2009 directed to post O.P.(M.V.) 446 of 2007

also before the judicial side. Thereafter, the Hon’ble the Acting

Justice directed to post all the three matters before the Division

Bench dealing with M.A.C.T. matters.

5. Heard the learned counsel on both sides.

6. The above Original Petitions are filed under Section

166 of the Motor Vehicles Act. Section 166(2) of the Act reads:

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“S.166(2):- Every application under sub-section

(1) shall be made, at the option of the claimant, either

to the Claims Tribunal having jurisdiction over the

area in which the accident incurred or to the Claims

Tribunal within the local limits of whose jurisdiction

the claimants resides or carries on business or within

the local limits of whose jurisdiction the defendants

resides, and shall be in such form and contain such

particulars as may be prescribed:

Provided that where no claim for compensation

under Section 140 is made in such application, the

application shall contain a separate statement to the

effect immediately before the signature of the

applicant.”

7. Rule 375 of the Kerala Motor Vehicle Rules, 1989

deals with power of Claims Tribunal to transfer application.

Rule 375 reads:

“R.375: Power of Claims Tribunal to transfer

applications:- A Claims Tribunal shall transfer an

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application filed before it to another Tribunal if such

application is one which comes within the

jurisdiction of the latter.”

Rule 374 deals with power of the High Court to transfer

applications. Rule 374 reads:

R.374. Power of High Court to transfer

applications:- (1) The High Court may transfer an

application from the file of one Claims Tribunal

before whom the application is pending to that of any

other Claims Tribunal, –

                (a) if, the Claims Tribunal        before

          whom      the   application   is   pending   is

personally interested in the application and

reports the matter to the High Court; or

(b) if an application for transfer by any

party to the application, the High Court is

satisfied that there are sufficient grounds for

such transfer.

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(2) A Claims Tribunal to whom an application

is so transferred under sub-rule (1) may, subject to

special directions in the order of transfer, proceed

either de novo or from the stage at which it is so

transferred.”

8. The letter from the M.A.C.T., Vatakara dt.14.11.2008

shows that O.P.(M.V) Nos.1612 and 2854 of 2005 were

pending before M.A.C.T., Kozhikode and they were transferred

by M.A.C.T., Kozhikode to M.A.C.T., Vatakara by invoking the

provisions of Rule 375 of the Motor Vehicle Rules. As per the

cause title shown in the O.P., the petitioner in O.P.(M.V.) 2854

of 2005 is residing at Azhiyur, which is within the jurisdiction

of the Claims Tribunal, Vatakara and the address of

respondents 1 and 3 are shown at Kozhikode and address of

second respondent is shown at Koyilandy.

9. As per the address shown in the cause title of O.P.

(M.V) 1612 of 2005, the present address of the petitioner is

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shown at Kozhikode and the address of the first respondent is

shown at Kannur, that of second respondent is Idukki and that

of the third respondent is Nilambur and the accident has

occurred at Nilambur. The permanent address of the petitioner

is shown at Kallachi, which is within the jurisdiction of the

Claims Tribunal, Vatakara. As per Section 166 of the amended

Motor Vehicles Act, the party can file the petition before the

M.A.C.T. within whose jurisdiction any of the parties are

residing and the accident has occurred. So, as per the address of

the parties shown in the petition, the M.A.C.T., Vatakara is also

having jurisdiction to deal with the petitions.

10. In the remarks submitted by the Presiding Officer of

the M.A.C.T., Kozhikode, she has narrated the various reasons,

including convenience of the parties and malpractice of agents

etc. for transferring the above claim petitions to M.A.C.T.,

Vatakara.

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11. On perusing the records, it is seen that O.P.(M.V)

2854 of 2005 might have been filed either before M.A.C.T.,

Vatakara or before M.A.C.T., Kozhikode as the petitioner

resides within the jurisdiction of the former Tribunal and

respondents 1 and 3 reside within the jurisdiction of the latter

Tribunal. The claimant in O.P.(M.V.) 1612 of 2005 has his

present address at Kozhikode and permanent address at

Kallachi, which is within the jurisdiction of M.A.C.T.,

Vatakara. The respondents are hailing from Kannur, Idukki

and Nilambur. Since the Presiding Officer of M.A.C.T.

Kozhikode has already transferred the cases to M.A.C.T.,

Vatakara and she has shown sufficient reasons for the transfer,

we are of the view that in the interests of justice that order need

not be interfered with.

12. Therefore, M.A.C.T., Vatakara is directed to re-

number O.P.(M.V.) Nos. 1612 and 2854 of 2005 on the file of

the M.A.C.T., Kozhikode and proceed with the applications in

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accordance with law. As regards O.P.(M.V.) 446 of 2007 on

the file of the M.A.C.T., Kozhikode is concerned, there is no

written request from the claimant to transfer the case to

M.A.C.T. Vatakara and therefore that request of the M.A.C.T.,

Kozhikode to transfer that petition to M.A.C.T., Vatakara

cannot be allowed. If any of the parties to O.P.(M.V.) 446 of

2007 file an application before this Court, as per Rule 374 of

the Kerala Motor vehicles Rules, that application can be

considered by this Court. In order to avoid future controversies

in the matter of invoking the power of transfer under Rule 375,

the following direction is issued.

13. In the matter of transfer of Claim Petitions, Rule

375 could be invoked by the Tribunal, provided that Tribunal

lacks jurisdiction. If the two Tribunals have concurrent

jurisdiction, then, the power under Rule 375 cannot be invoked.

But the party can seek remedies by invoking Rule 374 from the

High Court.

Tr.P(C) No. 49 of 2009

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14. The above Transfer Petition is disposed of as above.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge
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