Balaganesh v. Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.CMP.Nos.572, 573, 577 & 580 of 2021 and CMP.Nos.14888, 14893, 14918 & 14931 of 2021 Balaganesh

...Petitioner in Tr.CMP.No.572 of 2021

Vijayalakshmi

...Petitioner in Tr.CMP.No.573 of 2021

Malathy

...Petitioner in Tr.CMP.No.577 of 2021

Gunasekaran

...Petitioner in Tr.CMP.No.580 of 2021

Vs.

1.Venkatesan ...1st Respondent in all Tr.CMPs 2.Cholamandalam MS General Insurance Company Ltd., having Office at Dare House, 2nd Floor, No.2, N.S.C.Bose Road, Chennai - 600 001.

...Respondent in all Tr.CMPs

3.Gunasekaran ...3rd Respondent in Tr.CMP.Nos.572, 573 & 577 of 4.United India Insurance Company Ltd., T.P.Cell, Greams Road, Chennai - 600 006.

...R3 in Tr.CMP.No.580 of 2021 ...R4 in Tr.CMP.No.572, 573 & 577 of 2021

...Respondents in all Tr.CMPs

Common Prayer: Transfer civil miscellaneous petitions filed under Section 24 of CPC, seeking to withdraw MCOP.Nos.9041, 9045, 9082 & 9079 of 2015 pending on the file of the Motor Accident Claims Tribunal, 2nd Court of Small Causes, Chennai and transfer the same to some other Tribunal at Ranipet, Vellore. For Petitioners : Mr.V.Pari Vallal in all Tr.CMPs For Respondents : Mr.N.R.Vijayaraghavan in all Tr.CMPs

C O M M O N O R D E R All these transfer petitions are filed, seeking transfer of MCOP.Nos.9041, 9045, 9082 & 9079 of 2015 on the file of the Motor Accident Claims Tribunal, 2nd Court of Small Causes, Chennai to the Sub-Court / Motor Accident Claims Tribunal, Ranipet.

2.According to the petitioners, they hail from the same family and they are natives of Arcot near Vellore. When the original claim petitions were filed, they were staying at Chennai for the purpose of treatment of the petitioner in MCOP.No.9041 of 2015. It is stated that now they have shifted to their native place at Arcot and they are living there. Though a petition was filed to record evidence at the house of the petitioners at Arcot in MCOP.No.9082 of 2015, and a Commissioner was appointed he did not record evidence due to the pandemic.

3.Considering the above, I am of the opinion that the above motor accident claim petitions should be transferred to the Motor Accident Claims Tribunal, Sub-Court, Ranipet as it will be convenient for the petitioners. It is stated that the petitioner in Tr.CMP.No.572 of 2021 is unable to move. The said reason is taken into account and MCOP.Nos.9041, 9045, 9079 & 9082 of 2015 are withdrawn from the file of the Motor Accident Claims Tribunal, 2nd Court of Small Causes, Chennai and transferred to the Motor Accident Claims Tribunal / Sub-Court, Ranipet to be disposed of in accordance with law. 4.These transfer civil miscellaneous petitions are allowed with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar kkn To:- 1.The Motor Accident Claims Tribunal, 2nd Court of Small Causes, Chennai.

2.The Motor Accident Claims Tribunal, Sub-Court, Ranipet.

+1cc to Mr.V.Pari Vallal, Advocate SR.No.1181 Tr.CMP.Nos.572, 573, 577 & 580 of 2021 and CMP.Nos.14888, 14893, 14918 & 14931 of 2021 RGN(CO) GMY(11/02/2022)