New India Assurance Company v. Varadharajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.381 of 2016 and C.M.P.No.10065 of 2016 New India Assurance Co. Ltd., No.69/70, Nadu Street, Kanchipuram.

... Petitioner/4th Respondent vs 1.Varadharajan S/o.Ulaganathan 2.Kumudavalli W/o.Varadharajan 3.K.P.Natarajan S/o.Ponnamalai Gounder 4.National Insurance Co. Ltd., 225, Gandhi Road, Kanchipuram.

5.B.Arumugam S/o.Booyan 6.A.Dhandapani S/o.Arjunan 7.The Oriental Insurance Co. Ltd., Motor Third Party Claims Cell, 547, Gandhi Road, Kanchipuram.

... Respondents 3to7/Petitioners 1,2,3,5 & 6 Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw M.C.O.P.No.146 of 2011 on the file of Motor Accident Claims Tribunal, District Judge II, Kanchipuram, and transfer the same to the file of Motor Accident Claims Tribunal, Subordinate Court, Pollachi, to be tried along with M.C.O.P.No.79 of 2011. For Petitioner :

Mr.N.Vijayaraghavan ***** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Petitioner has filed the present petition seeking transfer of M.C.O.P.No.146 of 2011 on the file of Motor Accident Claims Tribunal, District Judge II, Kanchipuram, to the file of Motor Accident Claims Tribunal, Subordinate Court, Pollachi, to be tried along with M.C.O.P.No.79 of 2011.

2. Learned counsel for petitioner submits that M.C.O.P.No.146 of 2011 on the file of Motor Accident Claims Tribunal, District Judge II, Kanchipuram, is one of twenty claim petitions arising out of an accident involving a bus and lorry which took place on 07.06.2011. Learned counsel seeks transfer of M.C.O.P.No.146 of 2011 on the file of Motor Accident Claims Tribunal, District Judge II, Kanchipuram to the file of Motor Accident Claims Tribunal, Coimbatore.

3. On consideration of the said submissions, this Court transfers M.C.O.P.No.146 of 2011 on the file of Motor Accident Claims Tribunal, District Judge II, Kanchipuram, to the file of Motor Accident Claims Tribunal, Coimbatore. Considering that the accident is of the year 2011, this Court directs the Tribunal to dispose of the present case as also the other cases arising out of the accident, within a period of six months from the date of receipt of this order.

The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Motor Accident Claims Tribunal, District Judge II, Kanchipuram.

2.The Motor Accident Claims Tribunal, Coimbatore.

3.The Motor Accident Claims Tribunal, Sub Court, Pollachi.

+1 cc to Mr.N.Vijayaraghavan,advocate,sr.36454. pvs(co) krd 26/9 Transfer Civil Miscellaneous Petition No.381 of 2016 https://hcservices.ecourts.gov.in/hcservices/