P. Sivapriya v. Devaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP No.5048 of 2025 P. Sivapriya W/o. Late Jayaseelan, Residing at lNo.201/79, ATC Nagar, Dasanaikkanpatti, Salem Taluk, Salem District - 636 201.

..Petitioner(s) Vs

1. Devaki, W/o. Late Subramani @ Subramanian, Residing at No.2/201, Subramani ATC Nagar, Dasanaikkanpatti, Salem District.

2. V.E. Commercial Vehicles Limited, No.102, Industrial Area No.1, Pithampur District, Dhar, Madhya Pradesh State - 775.

3. The ICICI Lombard General Insurance Co. Ltd Motor Third Party Claim Cell (Hub), Old No.84/85, New No.193/232, 1st Floor, Harihant Plaza, Wall Tax Road, Chennai-2.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw MCOP No.1149 of 2024 from the file of Motor Accident Claims Tribunal, Special District Judge, Salem and transfer the same to the file of the Motor Accident Claims Tribunal, IInd Additional

District Court, Poonamallee for disposal along with MCOP No.75 of 2024. For Petitioner(s) :

Mr.K. Varadha Kamaraj For Respondent(s):

Mr.Rr.Velmurugan for R1 No appearance for R2 Mr.M.Jayaraj for R3

ORDER

Heard the learned counsel for the petitioner.

2. The petitioner and the learned counsel for the respondents 1 and 3.

3. Despite the receipt of notice, the 2nd respondent neither appeared nor entered appearance through his counsel.

4. The learned counsel for the 1st respondent (Devaki, w/o. late Subramani) submits that she has no serious objection to the transfer of M.C.O.P. No.1149 of 2024 from the Motor Accident Claims Tribunal, Salem, to the II-Additional District Court, Poonamallee, to be tried along with M.C.O.P. No. 75 of 2024.

5. The petitioner, P.Sivapriya, w/o. late Jayaseelan, has taken out M.C.O.P. No.75 of 2024 before the II-Additional District Court, Poonamallee and the 1st respondent, Devaki, is arrayed as the 3rd respondent. Meanwhile, the mother of the deceased Subramani, has also instituted M.C.O.P.No.1149

of 2024 before the Special District Court, Salem, in which, the wife of the deceased has been arrayed as the 3rd respondent. Both the M.C.O.Ps needs to be clubbed together and tried jointly, as it will be convenient for the Tribunal to arrive at correct conclusion.

6. In consideration of the above said details mentioned supra, the request of the petitioner herein appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, M.C.O.P.No.1149 of 2024 pending on the file of the Motor Accident Claims Tribunal / Special District Judge, Salem, is withdrawn and transferred to the file of the II-Additional District Court, Poonamallee, to be tried simultaneously with M.C.O.P.No.75 of 2024. The II-Additional District Court, Poonamallee, on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

17-03-2026 Index: Yes/No Speaking/Non-speaking order MAC To

1. The Special District Court / Motor Accident Claims Tribunal, Salem.

2. The II-Additional District Court, Poonamallee

R.KALAIMATHI, J.

MAC and CMP No.5048 of 2025 17-03-2026