The New India Assurance Co Ltd v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.232 of 2019 The New India Assurance Co. Ltd., No.116-A, GST Road, Chengalpet.

...Petitioner/2nd Respondent

vs.

1.

Ganesan 2.

Banumathi

3. Sri Andal Enterprises, MS So No.1528 NH 45, Near Nokia, Bangalore Main Road, Sriperumpudur Taluk, Kanchipuram District - 602 105.

...Respondents/Petitioners &

1st Respondent Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.P.No.85 of 2017 from the file of the Motor Accidents Claims Tribunal at Maduranthakam, and to transfer the same to the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017 pending on the file of the III Motor Accidents Claims Tribunal at Chennai.

For Petitioner :

Mr.A.S.Subramanian For Respondents :

No appearance

O R D E R

The Petitioner/Insurance Company has come up with this Petition seeking transfer of O.P.No.85 of 2017 from the file of the Motor Accidents Claims Tribunal at Maduranthakam to the file of the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017, pending on the file of the III Motor Accidents Claims Tribunal, Chennai.

2. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondents in spite of their names printed in the cause list, after service.

https://hcservices.ecourts.gov.in/hcservices/

3. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

4. In the result, the proceedings in O.P.No.85 of 2017 is ordered to be transferred from the file of the Motor Accidents Claims Tribunal at Maduranthakam to the file of the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017, pending on the file of the III Motor Accidents Claims Tribunal at Chennai. The III Motor Accidents Claims Tribunal at Chennai, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 30 working days at any point of time, to bring the issue to a logical end.

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

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar (aeb) To :

1.The Motor Accidents Claims Tribunal, Maduranthakam. 2.The III Motor Accidents Claims Tribunal, Chennai. +1 CC to Mr.A.S.Subramanian, Advocate sr 4572. Tr.C.M.P.No.232 of 2019 SR(CO) SP(25/02/2020) https://hcservices.ecourts.gov.in/hcservices/