M.Arumugam v. Gunasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Tr.C.M.P. No.438 of 2015 M.Arumugam ... Petitioner Vs.

1.Gunasekaran 2.United India Insurance Co. Ltd., No.28, Mailam Road, Meenakshi Complex, Tinidvanam Taluk, Villupuram District.

... Respondents Prayer:- Petition has been filed under Section 24 of C.P.C., praying, to transfer M.C.O.P.No.987 of 2013 pending on the file of the Special Sub Court (Motor Accidents Claims Tribunal), Trichy to the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

For Petitioner : Mr.M.Swamikkannu For Respondents : Mr.S.Arunkumar (For R2) Notice Dispensed with (For R1)

O R D E R

The petitioner, who is the petitioner in M.C.O.P.No.987 of 2013, has filed this petition to transfer M.C.O.P.No.987 of 2013 pending on the file of the Special Sub Court (Motor Accidents Claims Tribunal), Trichy to the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai. 2.Heard the learned counsel for the petitioner and the learned counsel for the second respondent. Notice to the first respondent is dispensed with.

3.Learned counsel for the petitioner submitted that he filed a petition in M.C.O.P.No.987 of 2013 to grant compensation for the injuries sustained by him in a road accident took place https://hcservices.ecourts.gov.in/hcservices/

on 31.03.2011. He further submitted that due to his work, he shifted his residence from Trichy to Chennai and hence, it is very difficult for him to attend the Court at Trichy for each and every hearing. Hence, he pray to transfer the case in M.C.O.P.No.987 of 2013 from the file of the Special Sub Court (Motor Accidents Claims Tribunal), Trichy to the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai..

4.The learned counsel for the second respondent submitted that he has no objection to transfer the petition in M.C.O.P.No.987 of 2013, as sought for by the petitioner. 5.Recording the no objection given by the learned counsel for the second respondent, I am inclined to order transfer. The Presiding Officer, Special Sub Court (Motor Accidents Claims Tribunal), Trichy, is directed to transmit all the records pertaining to M.C.O.P.No.987 of 2013 to the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai, within a period of fifteen days from the date of receipt of a copy of this order.

6.Accordingly, this Transfer Civil Miscellaneous Petition is ordered. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cse To 1.The Special Subordinate Judge The Special Sub Court (Motor Accidents Claims Tribunal), Trichy.

2.The Registrar The Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

+1 cc to Mr.M.Swamikkannu Advocate sr.68441 Tr.C.M.P. No.438 of 2015 aa04/01/2016 https://hcservices.ecourts.gov.in/hcservices/