Vivekanandan v. Pandiyan

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR Tr CMP No.158 of 2023 and CMP No.3536 of 2023

1. VIVEKANANDAN S/o. Kesavan, Res. at No.309/2, Udaiyar Street, Narasingapuram, Minnal Post Arakkonam, Vellore.

Petitioner(s) Vs

1. PANDIYAN S/o. Pazhani, No.4, Perumal Koil Street, Chithambadi, Guruvarajapettai, Arakonam-631 101.

2.The Chief Manager United India Insurance Company (Third Party Service Hub), Flat No.35, 36, 37, A.R. Plaza, 45 Feet Road, Balaji Nagar Extension, Saram, Pondicherry-605 013.

Respondent(s)

PRAYER: Civil Revision Petition filed under Section 24 of CPC to withdraw and transfer the case in MACTOP No.477 of 2019 on the file of Motor Accident Claims Tribunal, Gingee to the file of Motor Accident Claims Tribunal, Arakonam.

For Petitioner(s):

Mr. V.Sundarraman For M/s.S.Pugalenthi For Respondent(s):

Mr.P.SANKARANARAYANAN for R2 No representation for R1

ORDER

This petition has been filed by the petitioner seeking withdrawal and transfer of the case in MACTOP No.477 of 2019 on the file of MACT, Gingee to the file of MACT, Arakkonam.

2. Learned counsel for the petitioner submits that the petitioner suffered injuries in an accident that took place on 08.08.2019 at about 7.00 p.m. near Thanigapolur to Valarpuram Road in Thiruvallur District. When the petitioner was undergoing treatment in hospital, the counsel who had filed the said MACTOP No.477 of 2019 had obtained the signatures and instituted the same before the MACT, Gingee and now it is pending before the Sub Court, Gingee. 3 . It is the contention of the learned counsel for the petitioner that the petitioner is residing in Arakonam and he had to travel all the way from Arakonam to Gingee to proceed with the case. Further, in no way, the jurisdiction of the learned Motor Accidents Claims Tribunal, Gingee is attracted to the present case. Therefore, he seeks for withdrawal and transfer of the case in MACTOP No.477 of 2019 from the file of the learned Motor Accidents Claims Tribunal, Gingee to the file of the learned Motor Accidents Claims Tribunal, Arakonam, which is nearer to the petitioner's residence at Arakonam.

4 . It is not disputed that the petitioner met with an accident at Thanigaipolur Narikuravar Colony near Arakkonam and the First Information Report has been registered by the Sub Inspector of Police, Arakonam Taluk Police Station in FIR No.350 of 2019. It is the case of the petitioner that, while he was in hospital, the Motor Accident Claim Petition was filed by some counsel before the Motor Accidents Claims Tribunal, Gingee. The learned counsel for the petitioner submitted that due to the said accident the petitioner has become immobile and it may not be possible for him to travel long distance and to conduct the claim petition at Gingee.

5.Taking into consideration that the accident had occurred at Thanigapolur, within the jurisdictional limit of Motor Accidents Claims Tribunal, Arakkonam and the petitioner is also residing at Narasingapuram, within the territorial jurisdiction of Motor Accidents Claims Tribunal, Arakkonam, this

Court is inclined to order the above transfer petition as prayed for.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. MACTOP No.477 of 2019 pending on the file of MACT, Gingee is withdrawn and transferred to the file of the Sub Court, MACT, Arakonam. There shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.

17.11.2025 MST To

1. The MACT, Gingee 2 . The MaCT, Arakonam.

S.SOUNTHAR, J.

MST 17.11.2025.