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Madras High CourtTR CMP/274/2016allowed

Kannayiram v. Renugambal

2018-01-08Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.01.2018 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.274 of 2016

1. Kannayiram

2. Maari

3. Bharathi

4. Sumathi

5. Amutha

6. Malathi

7. Ellammal .. Petitioners -Vs1. Renugambal

2. Suresh

3. The Shriram General Insurance Company Limited Rep by its General Manager .. Respondents Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the M.C.O.P.No.1747 of 2013 pending before the II Small Causes Court, Chennai and transfer the same to the file of the Special Court for Motor Accident Cases, Tiruvannamalai and tried along with the M.C.O.P.No.930 of 2013 and to direct the Court below to dispose both the petitions in a time framed by this Court.

For petitioners : Mr.K.Silambarasan For Respondent-1 : Mr.M.Balamurugan For Respondent-3 : Ms.K.Poomalai For Respondent-2 : Served - No Appearance

O R D E R

The claimants, in M.C.O.P.No.1747 of 2013 on the file of the Motor Accident Claims Tribunal, Chennai, are seeking transfer of M.C.O.P.No.1747 of 2013 pending on the file of the Motor Accident Claims Tribunal, Chennai to the file of the Special Court for Motor Accident Cases, Tiruvannamalai, to be tried along with M.C.O.P.No.930 of 2013.

2.

Both the claims arise out of the same accident. The M.C.O.P.No.1747 of 2013 is filed by the parents and sisters of the deceased before the Motor Accident Claims Tribunal Chennai seeking compensation for the death of the deceased Arumugam. The wife of the deceased has filed another M.C.O.P.No.930 of 2013 on the file of the Motor Accident Claims Tribunal, Tiruvannamalai claiming compensation for the death of her husband Arumugham, who died on 03.03.2012 in a motor accident.

3.

Learned counsel appearing for the first respondent-wife of the deceased and third respondent-insurance Company have got no serious objection for the transfer, as the M.C.O.P.No.930 of 2013 pending before the Motor Accident Claims Tribunal, Tiruvannamalai is

in the stage of trial and it is expected to be concluded earlier. 4.

Considering the submission made by the learned counsel for the parties, this Tr.C.M.P.is allowed and M.C.O.P.No.1747 of 2013 pending on the file of the Motor Accident Claims Tribunal, Chennai to the file of the Special Court for Motor Accident Cases, Tiruvannamalai, to be tried along with M.C.O.P.No.930 of 2013. No costs. 08.01.2018 srn To 1.The II Small Causes Court, Chennai 2.The Special Court for Motor Accident Cases, Tiruvannamalai

PUSHPA SATHYANARAYANA.J srn Tr.C.M.P.No.274 of 2016 08.01.2018