Sangeetha v. P.Devan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P. No. 3036 of 2025 1.Sangeetha 2.Minor Jasmine 3.Minor Aashika

...Petitioners

Vs.

1.P.Devan 2.D.Santha 3.Sri Balaji Tiles 1st Floor, AP. Chathiram Main Road, Uthiramerur, Kanchipuram - 603 406.

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4.The Manager, IFFCO TOKIO General Insurance Company Ltd., NO.128, IFFCO Bhavan, Hahibullah Road, T. Nagar, Chennai - 600 017.

...Respondents

Prayer: Transfer Petition is filed under Section 24 of the CPC, to withdraw MCOP.No.4619 of 2024 pending on the file of the V Small Causes Court (Motor Accident Claims Tribunal) Chennai and transfer the same to the file of the Additional District and Sessions Court, (Motor Accident Claims Tribunal) Kancheepuram to try along with MCOP.No.401 of 2024.

For Petitioners :

Mr. C.Prabakaran For Respondents :

Mr. N.Naresh 1 & 2 For Respondents :

No Appearance 3 & 4 2/6

O R D E R

The Transfer Petition is filed to withdraw MCOP.No.4619 of 2024 pending on the file of the V Small Causes Court (Motor Accident Claims Tribunal) Chennai and transfer the same to the file of the Additional District and Sessions Court, (Motor Accident Claims Tribunal) Kancheepuram to try along with MCOP.No.401 of 2024.

2. The 1st petitioner's husband met with an accident on 15.05.2024. Due to which he sustained grievous head injury and died on 17.05.2025. Thereafter, the 1st petitioner filed MCOP.No.401 of 2024 on the file of the Additional District and Sessions Court, (Motor Accident Claims Tribunal) Kancheepuram. In the said MCOP, the petitioner has impleaded the parents of her husband as respondents 3 and 4. The parents of her husband inturn have filed MCOP.No.4619 of 2024 on the file of the V Small Causes Court (Motor Accident Claims Tribunal) Chennai, in respect of the very same claim. Therefore, the petitioner is before this Court seeking transfer of the aforesaid MCOP 3/6

filed by them to the file of the Additional District and Sessions Court (Motor Accident Claims Tribunal), Kancheepuram to be tried along with MCOP.No.401 of 2024.

3. Heard the learned counsels and perused the records.

4. From the records it is seen that the respondents 1 and 2 are residing at Uthiramerur Taluk, Kancheepuram District.

5. Taking into consideration the fact that respondents 1 and 2 are also residing at Uthiramerur Taluk, Kancheepuram District and in order to avoid multiplicity of proceedings, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

09.04.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The V Small Causes Court (Motor Accident Claims Tribunal) Chennai 2.the Additional District and Sessions Court, (Motor Accident Claims Tribunal) Kancheepuram.

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P.T. ASHA, J, kan 09.04.2025 6/6