Royal Sundaram Alliance v. Mrs.Rathinam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2016

CORAM:

The Hon'ble Mr.Justice K.K.Sasidharan Transfer CMP No.667 of 2016 and CMP.No.17516 of 2016 Royal Sundaram Alliance Insurance Co. Ltd., Registered Office No.21, Patullos Road, Chennai - 600 002.

...Petitioner

versus 1.

Rathinam 2.

Sengodan 3.

Dineshkumar 4.

Sekar

...Respondents

PRAYER:

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the M.C.O.P.No.12 of 2015, now pending on the file of the Motor Accident Claims Tribunal (Subordinate Court) Sankari and transfer the same to the Motor Accident Claims Tribunal (Subordinate Court) Tiruchengode, to be tried along with M.C.O.P.Nos.36 and 37 of 2016.

For Petitioner : Mr.S.Manohar

O R D E R

There are three Motor Accident Claims Original Petitions, involving the accident, which took place on 11.10.2014. The Claim Petition in M.C.O.P.No.12 of 2015, is pending before the Motor Accident Claims Tribunal, Sankari. The Claim Petitions in M.C.O.P.Nos 36 and 37 of 2016, are pending before the Motor Accident Claims Tribunal, Tiruchengode.

2.

The petitioner was shown as a party in all the three Claim Petitions. The petitioner, without impleading the other parties to the Claim Petitions in M.C.O.P.Nos 36 and 37 of 2016, filed this Petition for transfer.

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3.

Heard the learned counsel appearing for the petitioner. 4.

There is no question of transferring the matter, at the instance of the petitioner, without impleading the other petitioners in M.C.O.P.Nos 36 and 37 of 2016. I am, therefore, of the view that no relief can be given to the petitioner in this Transfer Petition.

5.

The Transfer Petition is dismissed with liberty to the petitioner to file a comprehensive Petition after impleading all the parties in M.C.O.P.No.12 of 2015 and M.C.O.P.Nos.36 and 37 of 2016. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar SD To The Subordinate Judge, Motor Accident Claims Tribunal, Sankari.

+1cc to Mr.S.Manohar, Advocate, S.R.No.68629 RK(CO) BB(29/12/2016) Transfer CMP No.667 of 2016 https://hcservices.ecourts.gov.in/hcservices/