Remadevi v. Peter A.J

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 Tr.P(C).No. 259 of 2015 () --------------------------- OP(MV) NO. 788/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM -------------------- PETITIONER :

--------------------- REMADEVI D/O.SIVASANKARAN NAIR, KAVANAPPALLIL HOUSE PRAYAR BHAGAM, KIDANOOR VILLAGE & POST KOTTAYAM PETITIONER IS IN A VEGETATIVE CONDITION AND ALSO IN A COMA STAGE AND REPRESENTED BY HER NEXT FRIEND AND GUARDIAN, FATHER SIVASANKARAN NAIR, KAVANAPPALLIL HOUSE PRAYAR BHAGAM, KIDANOOR VILLAGE & POST, KOTTAYAM. BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY RESPONDENT(S) :

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1. PETER A.J S/O.JOHN, ARIKUPURATHU HOUSE KADANGALLOOR KARA & VILLAGE, KANIYAMKUNNU BHAGAM U.C.COLLEGE POST, NORTH PARAVOOR TALUK, ERNAKULAM.

2. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, GEETHA TRADE CENTRE, M.C.ROAD NAGAMBADAM, KOTTAYAM-686 001.

3. P.J.JOHN, S/O.JOSEPH, ONATTU HOUSE, KADANGALLOOR KARA & VILLAGE KANIYAMKUNNU BHAGAM, U.C.COLLEGE POST NORTH PARAVOOR TALUK, ERNAKULAM.

R1 BY SRI.JOHN JOSEPH VETTIKAD R2 BY ADV. SRI.V.JAYAPRADEEP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Tr.P(C).No. 259 of 2015 () APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A : COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF PHYSICAL MEDICINE & REHABILITATION, CHRISTIAN MEDICAL COLLEGE, VELLORE.

RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.259 of 2015 ````````````````````````````````````````````````````````````` Dated this the 19th day of June, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner seeks transfer of OP(MV) No.788/2014 of the Motor Accidents Claims Tribunal, Kottayam to the Motor Accidents Claims Tribunal, Pala. The petitioner has met with a motor accident in which she has allegedly become 100% disabled. Consequent to the accident and the injuries, the husband of the petitioner, who was working abroad, has practically abandoned the petitioner and her two minor children. Now, she is residing within the jurisdiction of the Motor Accidents Claims Tribunal, Pala with her aged father. Her mother is no more.

2.

Notice has been served on the respondents. There is no objection. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent. 3.

Considering the facts and circumstances of the

TrPC.259/2015 : 2 :

case and the submissions made by the learned counsel for the petitioner, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.(MV) No.788/2014 pending before the Motor Accidents Claims Tribunal, Kottayam to the Motor Accidents Claims Tribunal, Pala.

In the result, this Tr.P.(C) is allowed and O.P.(MV) No.788/2014 pending before the Motor Accidents Claims Tribunal, Kottayam is ordered to be transferred to the Motor Accidents Claims Tribunal, Pala.

Sd/- (B.KEMAL PASHA, JUDGE) aks/19/06 // True Copy // PA to Judge