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Madras High CourtTR CMP/40/2020closed

C.Yasodha v. Oriental Insurance Company

2020-02-10Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.40 of 2020 C.Yasodha

...Petitioner

vs.

Oriental Insurance Company City Branch No-II No.216/115, I Floor Prakasam Salai Broadway Chennai - 600 108.

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24(1)(b)(ii) of C.P.C., to withdraw M.C.O.P. No.1915 of 1997 from the file of the Motor Accident Claim Tribunal (Principal District Court), Trichy and transfer the same to any of the competent Small Cause Courts, Chennai to enable the petitioner to realise the balance of the compensation for her children from court deposit made therein.

For Petitioner :

Mr.S.Sathiachandran For Respondent :

Mr.J.Chandran

ORDER

Transfer Civil Miscellaneous Petition filed under Section 24(1)(b)(ii) of the Civil Procedure Code, to withdraw M.C.O.P. No.1915 of 1997 from the file of the Motor Accident Claims Tribunal (Principal District Court), Trichy and transfer the same to any of the Small Causes Court, Chennai, to enable the petitioner, to realise the balance of the compensation for her children from court deposit made therein.

2. Learned counsel for the petitioner submitted that the respondent was served about the pendency of the proceedings before this court and that the respondent has entered appearance through counsel. Learned counsel for the respondent has expressed no objection for the matter being transferred from Motor Accident Claims Tribunal (Principal District Court), Trichy to the Small Causes Court, Chennai.

3. In view of the same, M.C.O.P. No.1915 of 1997 pending on the file of Motor Accident Claims Tribunal (Principal District Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

Court), Trichy, is withdrawn from the said court and transferred to the file of Fifth Small Causes Court, Chennai so that the petitioner can realise the balance of the compensation for her children from court deposit made therein.

4. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To :

1) The Motor Accident Claims Tribunal (Principal District Court), Trichy.

2) The V Judge, Small Causes Court, Chennai +1 cc to M/s.J.Chandran,Advocate Sr.No. 10370 +1 cc to M/s.S.Sathia Chandran,Advocate Sr.No. 10519 AKM/12.03.2020/2P-5C / Tr.C.M.P.No.40 of 2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/