1 TR P C 141/25 2025:KER:28862 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 TR.P(C) NO. 141 OF 2025 CRIME NO.273/2019 OF Museum Police Station, Thiruvananthapuram OPMV NO.680 OF 2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -VI, THIRUVANANTHAPURAM / III ADDITIONAL MACT PETITIONER/S: RAMESH,AGED 25 YEARS S/O CHINNASWAMY, T.C NO. 25/63, T.M NAGAR, C 75/3, THALIYAL KARAMANA P.O, THIRUVANATHAPURAM DISTRICT, PIN - 695002 BY ADVS. SHYNI DAS J.S. RINU. S. ASWAN GOPIKA H.H YADHU S ASWAN RESPONDENT/S: 1 SANAL A.,OTHER DETAILS NOT KNOWN, T.C 12/1539, R.C STREET KUNNUKUZHY P.O, THIRUVANATHAPURAM DISTRICT, PIN - 695034 2 M/S. ICICI LOMBARED GENERAL INSURANCE CO.LTD REPRESENTED BY ITS MANAGER, MAHESH ESTATE, VAZHUTHACAUD P.O, THIRUVANATHAPURAM DISTRICT, PIN - 695014 BY ADV Latheesh Sebastian THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TR P C 141/25 2025:KER:28862 O R D E R (Dated this the 3rd day of April 2025) The petitioner is the claimant in O.P.(M.V.) No.680 of 2019 on the files of the MACT, Thiruvananthapuram, which is filed claiming compensation following an accident happened on 1.12.2018, near Y.M.R. Junction, Thiruvananthapuram. O.P.(M.V.) No.681 of 2019, arising out of the same incident, was filed before the same MACT, by another person. Thus, both the claims were pending before the Motor Accidents Claims Tribunal, Thiruvananthapuram, and they are ripe for trial. 2. While so, for administrative purpose, the petitioner’s case was transferred to the 3rd Additional MACT, Thiruvananthapuram and the O.P.(M.V.) No.681 of 2019, was transferred to the 1st Additional MACT, Thiruvananthapuram, thus both the claims arising out of the same incident are pending before two different Tribunals. Now, the 3rd, 6th and 7th Additional Motor Accident Claims Tribunal, Thiruvananthapuram are designated as courts for 3 TR P C 141/25 2025:KER:28862 trial of cases under Section 302 IPC and therefore, the MACT cases are not being taken. The claim in the petition is of the year 2019 and if the case is delayed, it will cause irreparable injury and hardship to the petitioner. Therefore, seeks a transfer of O.P.(M.V) No.680 of 2019, pending before the 3rd Additional MACT, Thiruvananthapuram to 1st Additional MACT, Thiruvananthapuram, to hear along with O.P.(M.V.) No.681 of 2019. 3. The 2nd respondent has no objection in transferring the above case. Since both the claims are arising out of the same incident, to avoid conflicting decisions in the matter and the fact that the claim is of the year 2019, I deem it appropriate to allow this Transfer Petition. Accordingly, O.P.(M.V.) No.680 of 2019 pending before the 3rd Additional Motor Accidents Claims Tribunal, Thiruvananthapuram is transferred to the 1st Additional Motor 4 TR P C 141/25 2025:KER:28862 Accidents Claims Tribunal, Thiruvananthapuram. The 1st Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, on receipt of the records from 3rd Additional Motor Accidents Claims Tribunal, Thiruvananthapuram, shall issue notice to the parties and dispose of the case, as early as possible, in accordance with law. Sd/- BASANT BALAJI JUDGE dl/ 5 TR P C 141/25 2025:KER:28862 APPENDIX OF TR.P(C) 141/2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE FIR ALONG WITH FIS IN CR. NO. 273/2019 ON THE FILES OF THE MUSEUM POLICE STATION DATED 10.02.19 Annexure 2 A TRUE COPY OF THE CLAIM APPLICATION IN O.P(MV)NO. 680/19 ON THE FILES OF THE HON’BLE MACT THIRUVANATHAPURAM DATED 02.04.19 IS Annexure 3 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED FROM S.P FORT HOSPITAL, TRIVANDRUM DATED NIL Annexure 4 A TRUE COPY OF INSURRANCE POLICY OF THE MOTOR CYCLE BEARING REG. NO. KL-01-CG-7528 DATED 23.07.18 Annexure 5 A TRUE COPY OF THE WRITTEN STATEMENT IN O.P (M.V) NO. 680 OF 2019 ON THE FILES OF THE HON’BLE M.A.C.T, TRIVANDRUM DATED 20.10.22 Annexure 6 A TRUE COPY OF THE MEMO FILED FILED BY THE COUNSEL FOR THE 2ND RESPONDENT DATED 05.03.22 Annexure 7 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE MEDICAL COLLEGE HOPSITAL, TRIVANDRUM DATED NIL Annexure 8 A TRUE COPY OF THE CLAIM APPLICATION IN O.P (M.V) NO. 681/19 ON THE FILES OF THE HON’BLE M.A.C.T TRIVANDRUM DATED 01.04.19 Annexure 9 A TRUE COPY OF THE WRITTEN STATEMENT IN O.P (M.V) NO. 681/19 ON THE FILES OF THE HON’BLE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM DATED 28.12.22