IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 325 of 2009()
1. THE UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. BIJOY VARGHESE, S/O.VARGHESE,
... Respondent
2. SATHEESH, S/O.VASU, PULIKKATHARA
3. NYJU JOSEPH, S/O.JOSEPH, NELLOOR HOUSE,
4. SURESH, S/O.GEORGE, PADINJAREMALAYIL
5. JOSEPH, S/O.MATHAI, CHERU PARAMBIL
6. SATHEESH, S/O.VASU, PULIKKATHARA
For Petitioner :SRI.RAJESH THOMAS
For Respondent :SRI.P.V.ELIAS
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/07/2010
O R D E R
THOMAS P JOSEPH, J.
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Tr.P.C.No.325 of 2009
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Dated this 01st day of July, 2010
ORDER
Respondent Nos.1, 2, 5 and 6 are served but, there is no
response. Respondent No.4 has appeared through counsel. So far
as respondent No.3 is concerned, as per order dated 16-11-2009 of
this court, notice was served on his counsel which amounts to
sufficient service as provided under Rule 59 of the Kerala High
Court Rules. As such, service on counsel for respondent No.3 is
sufficient.
2. Prayer in this petition is to consolidate two claim
petitions pending in the Motor Accidents Claims Tribunal at
Muvattupuzha and Thodupuzha. According to the petitioner, both
the claim petitions arise out of same accident and involved
collision of two vehicles. It is contended that since the issue
regarding negligence arises in both the cases it is necessary that
these cases are tried and disposed of by the same court to avoid
divergent findings as to cause of accident and liability for payment
of compensation. Respondent No.1 has filed O.P.No.378 of 2007 in
the MACT at Muvattupuzha while respondent No.4 has filed
O.P.No.697 of 2006 at MACT at Thodupuzha. Learned counsel
states that injured has filed separate claim petitions which are
Tr.P.C.No.325 of 2009
: 2 :
pending in the MACT, Muvattupuzha. In the above circumstance,
it is only just and proper that case pending in MACT, Thodupuzha
is also brought to the MACT, Muvattupuzha.
Resultantly this petitions is allowed and O.P.(M.V)No.697 of
2006 pending in the MACT, Thodupuzha is withdrawn from that
court and transferred to the MACT, Muvattupuzha. The
transferor court shall transmit records of the case to the
transferee court with due intimation to the counsel on both sides
as to the date of appearance in the transferee court.
(THOMAS P JOSEPH, JUDGE)
Sbna/-