Srimani Devi v. C.Sasikumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NOS.862 AND 863 OF 2014 AND MP NOS.1 AND 1 OF 2014 Srimani Devi ... Petitioner in both Tr CMPs'/Respondent

Versus

1.C.Sasikumar ... 1st Respondent in Tr CMP No.862/2014/ Petitioner 1.R.Umamaheswari ...

1st Respondent in Tr CMP No.863/2014/ Petitioner 2.K.G.Murugan 3.The Oriental Insurance Co. Ltd., Branch Office - II 281, Cross Cut Road, Near IAB Photo Studio, Coimbatore - 641 012.

4.P.Murugan 5.Reliance General Insurance Co. Ltd., Reliance House, 5th Floor, No.6, Haddows Road, Nungambakkam, Chennai - 600 006.

...

Respondents 2 to 5 in both Tr CMPs'/Respondent PRAYER: Petitions filed under Section 24 of the Civil Procedure Code with a prayer to withdraw the M.C.O.P.Nos.54 of 2014 and 40 of 2014 respectively, on the file of Motor Accident Claims Tribunal at Trichi and transfer the same in any of the Courts as this Court deems fit and proper and to try all the MCOP's together.

For Petitioner :

Mr.S.Rajmakesh (in both Tr CMPs') For Respondent-3 :

Mr.S.Manohar (in both Tr CMPs') COMMON ORDER These two Transfer Civil Miscellaneous Petitions are filed at the instance of the owner of the vehicle, which was involved in a road accident that took place on 23.01.2013, near Periyar Nagar Over Bridge, Kulithalai, Karur - Trichy Bye-Pass Road. The Police registered a case in Crime No.31/2013 on the file of Kulithalai Police Station, Karur District. The petitioner wanted withdrawal of the Motor Accident Claims Original Petitions and transfer the same to one of the Courts, where the connected matters are pending.

2. The documents available on record indicates that the other 12 cases relate to the accident took place on 03.07.2011, near Kunnathur Mahaliamman Temple, Coimbatore to Sathy Road, which is the subject matter of the case in Crime No.1086/2011 of Annur Police Station. Those cases have nothing to do with these two claim petitions in MCOP Nos.40 of 2014 and 54 of 2014, which is pending on the file of Motor Accident Claims Tribunal at Trichi. I am therefore of the view that the petitioner has not made out a case for transfer of the proceedings.

3. In the upshot, I dismiss these Transfer Civil Miscellaneous Petitions. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar tk

To The Motor Accident Claims Tribunal Trichy.

+1 cc to Mr.S.Manohar Advocate sr 68628 TR CMP NOS.862 AND 863 OF 2014 aa07/12/2016