Rajammal v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2017
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.CMP.No.628 of 2013 and MP.No.1 of 2013
1. Rajammal
2. Nirmala
3. Manoharan
4. Murugeswari
...Petitioners
Versus
1. The Managing Director, Tamil Nadu State Transport Corporation Ltd, Erode.
2. Sampoornam
3. Sumathi
4. K.Murugesan
...Respondents
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the M.C.O.P.No.285 of 2012 pending on the file of Motor and transfer the same to Motor Accidents Claims Tribunal, Principal District Judge-I, Dharmapuri to be tried together with M.C.O.P.No.255 of 2012.
For Petitioners: Mr.M.Selvam For Respondents: Not ready in notice For R1 and R2 No Appearance For R3 and R4
O R D E R
The Transfer Civil Miscellaneous Petition is filed to withdraw the M.C.O.P.No.285 of 2012 pending on the file of Motor and transfer the same to the file of Motor Accidents Claims Tribunal, Principal District Judge-I, Dharmapuri, to be tried along with M.C.O.P.No.255 of 2012.
2. The first respondent is the Transport Corporation and the fourth respondent is the driver of the Transport Corporation.
3. M.C.O.P.No.255 of 2012 is filed by the first wife and the legal heirs of the deceased Gopal on the file of Motor Accidents Claims Tribunal, Principal District Judge, Dharmapuri for claiming compensation from the 1st respondent.
4. M.C.O.P.No.285 of 2012 is filed by the daughters of the deceased, born through the second wife, on the file of the Motor Accidents Claims Tribunal, Additional District Judge-I, Erode, claiming compensation.
5. The first petitioner herein claims to be the legally wedded wife of the deceased Gopal. She is residing in Dharmapuri District and filed O.P on the file of the Motor Accident Claims Tribunal, Dharmapuri, seeking compensation.
6. As both the claims are arising out of the same accident and there is also a rival claim with respect to the compensation to be awarded, the petitioner seeks for transfer of M.C.O.P.No.285 of 2012 pending on the file of Motor Accidents Claims Tribunal, Additional District Judge-I, Erode to be tried along with M.C.O.P.No.255 of 2012 pending on the file of Motor Accidents Claims Tribunal, Principal District Judge, Dharmapuri.
7. Heard the learned counsel for the petitioner and perused the materials available on record. Though the respondents 2 and 3 are served with notice, there is no representation for them either in person or through counsel.
8. It is stated that both the M.C.O.P's are still pending and trial has not yet commenced. Whileso, if the M.C.O.P's are allowed to be tried independent of each other, it would only further complicate the issues. Hence, in the interest of Justice, the M.C.O.P.No.285 of 2012 pending on the file of Motor Accidents Claims Tribunal, Additional District Judge-I, Erode is to be transferred to the file of Motor Accidents Claims Tribunal, Principal District Judge-I, Dharmapuri, to tried along with M.C.O.P.No.255 of 2012.
9. Accordingly, the transfer Civil Miscellaneous Petition is allowed and M.C.O.P.No.285 of 2012 pending on the file of Motor shall stand withdrawn and transferred to the file of Motor Accidents Claims Tribunal, Principal District Judge-I, Dharmapuri to tried along with M.C.O.P.No.255 of 2012. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Deputy Registrar True Copy Sub-Assistant Registrar raja To
1. The Motor Accidents Claims Tribunal, Additional District Judge-I, Erode.
2. The Motor Accidents Claims Tribunal, Principal District Judge-I, Dharmapuri.
3. The Managing Director, Tamil Nadu State Transport Corporation Ltd, Erode.
Tr.CMP.No.628 of 2013 and MP.No.1 of 2013 SP(04/12/2017)