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Madras High CourtTR CMP/1/2016allowed

S.Sankar v. N.Kousalya

2016-10-20Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer C.M.P.No.1 of 2016 S.Sankar

...Petitioner

vs.

1.

N.Kousalya 2.

The Divisional Manager, New India Assurance Co. Ltd., N.S. Towers, 1st Floor, Near Stadium Bus Stand, Coimbatore Road, Kunnathu Medu - 678 013, State of Kerala.

...Respondents

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw M.C.O.P.No.2812 of 2013 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Krishnagiri and to transfer the same to the Sub Court, Raispuram.

For Petitioner :

Mr.N.Manokaran For 1st Respondent :

No appearance For 2nd Respondent :

Mr.N.Vijayaraghavan

O R D E R

The petitioner in M.C.O.P.No.2812 of 2013 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Krishnagiri, is the petitioner in this Transfer Civil Miscellaneous Petition.

2.

The petitioner filed M.C.O.P.No.2812 of 2013 praying for compensation on account of the accident involving his son. The petitioner is presently residing at Erode. The petitioner wanted the matter to be transferred to the Court at Erode, so as to enable him look after his son, who is stated to be in a serious condition and to prosecute the petition. 3.

Learned counsel for the 2nd respondent fairly submitted that the Insurance Company has no objection in transferring the proceedings to the Sub Court at Erode. 4.

In the result, the proceedings in M.C.O.P.No.2812 of 2013 is withdrawn from the file of Motor Accidents Claims Tribunal/Special Sub-Court, Krishnagiri and is transferred to the file of Sub-Court at Erode, for trial.

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5.

Since the matter is of the year 2013, the learned Trial Judge is requested to dispose of the matter, as expeditiously as possible, and in any case, on or before 31st March 2017.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.79 of 2016 is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To :

1.

The Motor Accidents Claims Tribunal, Special Sub-Court, Krishnagiri.

2.

The Sub-Court, Erode.

+1 cc to M/s.N.Manokaran,advocate,sr.60074 +1 cc to M/s.N.vijayaraghavan,advocate,sr.59991. cp(co) krd 23/11 Tr. C.M.P. No.1 of 2016 https://hcservices.ecourts.gov.in/hcservices/