Cholamandalam Ms General Insurance Company Limited, v. Malar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI & CMP.Nos.16170, 16176, 16191, 16194, 16200 & 16217 of 2025 Tr.C.M.PNo.677 of 2025 Cholamandalam MS General Insurance Company Limited, Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai - 600 001.
... Petitioner vs.
1. Malar
2. J.Anbarasu ... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw M.C.O.P.No.1891 of 2022 from the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai and to transfer the same for disposal along with M.C.O.P.No.115 of 2022 pending on the file of the Motor Accidents Claims Tribunal II, Tiruvallur.
In all cases For Petitioner : Mr.N.Vijayaraghavan For Respondents : M/s.Vivtri Law Associates COMMON ORDER 1/15
These Transfer Civil Miscellaneous Petitions are filed by the Insurance Company who is the respondent in the claim petitions, seeking transfer of the proceedings from the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai to the file of Motor Accidents Claims Tribunal II, Tiruvallur to be tried along with M.C.O.P.No.115 of 2022.
2. It is the case of the Insurance Company that there are about 20 claim petitions that all arisen out of the same accident and 10 claim petitions have been filed before the Motor Accidents Claims Tribunal II, Tiruvallur and 9 claim petitions in Chennai. In order to avoid multiplicity of proceedings and conflicting Judgments, the cases in Chennai may be transferred to Tiruvallur to be tried together and for joint disposal along with M.C.O.P.No.115 of 2022.
3. The learned counsel for the claimants who have been put on notice have no serious objection for the transfer being ordered as prayed for.
4. In view of the same, in order to avoid multiplicity of proceedings and conflicting Judgments, the Transfer Civil Miscellaneous Petitions are 2/15
allowed as prayed for.
5. Considering that the Original Petitions are of the year 2022, a direction is issued to the Motor Accidents Claims Tribunal II, Tiruvallur to dispose of the claim petitions (MCOPs) and in any event, within a period of six months from the date of receipt of a copy of this order.
6. The Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai from where the claim petitions are transferred shall transfer the records to the file of Motor Accidents Claims Tribunal Special Sub Court II, Tiruvallur without any delay. No costs. Consequently, connected miscellaneous petitions are closed.
15.07.2025 vum Index : Yes/No Speaking Order : Yes / No P.B. BALAJI,J.
vum To 3/15
1. The Motor Accidents Claims Tribunal, VI court of Small Causes, Chennai.
2. The Motor Accidents Claims Tribunal II, Tiruvallur.
Tr.C.M.P.Nos.677, 678, 679, 680, 681 & 684 of 2025 & CMP.Nos.16170, 16176, 16191, 16194, 16200 & 16217 of 2025 15.07.2025 4/15
& CMP.Nos.16170, 16176, 16191, 16194, 16200 & 16217 of 2025 P.B. BALAJI,J., Today, these matters are listed under the caption "FOR BEING MENTIONED" at the instance of the learned counsel for the petitioner. 2.
Mrs.Harini, learned counsel representing Mr.N.Vijayaraghavan, learned counsel on record for the petitioner, brought to my notice that in this batch of cases, there are totally six M.C.O.Ps., which are pending before four Courts in Chennai and though the transfer request was made in respect of all these matters, in the common order dated 15.07.2025, there is reference to only one of the M.C.O.Ps.
3.
This Court finds substance in the aforesaid submission of learned counsel for petitioner. Therefore, for the sake of abundant clarity, this Court deems it fit to substitute the order dated 15.07.2025 as below: 5/15
"Tr.C.M.P.No.677 of 2025 Cholamandalam MS General Insurance Company Limited, Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai - 600 001.
... Petitioner vs.
1. Malar
2. J.Anbarasu ... Respondents PRAYER in Tr.C.M.P.No.677 of 2025: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw M.C.O.P.No.1891 of 2022 from the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai and to transfer the same for disposal along with M.C.O.P.No.115 of 2022 pending on the file of the Motor Accidents Claims Tribunal II, Tiruvallur. TR CMP No. 678 of 2025 Cholamandalam MS General Insurance Co Ltd., Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai-600 001.
Appellant(s) Vs
1. Kowsalya D/o. Krishnamoorthy, No.360, Anjaneyar Kovil Street, Narasingapuram, Minnal, Arakkonam, Ranipet District 632 510.
6/15
2.J Anbarasu No.3, Bharathiyar Nagar, Veppambattu B.O., Thiruvallur District 602 024.
Respondent(s) PRAYER in TR CMP No. 678 of 2025:
Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw MCOP.No.2048/2022 on the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai and transfer the same for disposal along with MCOP.No.115/2022 pending before the file of the Motor Accidents Claims Tribunal No.II, Tiruvallur.
TR CMP No. 679 of 2025 Cholamandalam MS General Insurance Co Ltd., Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai-600 001.
Appellant(s) Vs
1. M.Kumar S/o Munusamy 2.K.Dharani (Minor) D/o M.Kumar 3.K.Nalini (Minor) 2nd and 3rd Petitioners are Minor Petitioners, Rep by their father/next friend/guardian, M.Kumar Respondents 1 to 3 are residing at 7/15
No.11, Road Street, Minnal, Arakkonam, Ranipet District.
4.J Anbarasu No.3, Bharathiyar Nagar, Veppambattu B.O., Thiruvallur District-602 024 Respondent(s) PRAYER in TR CMP No. 679 of 2025 : Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw MCOP.No.3524/2022 on the file of the Motor Accidents Claims Tribunal, Special Judge I, Court of Small Causes, Chennai and transfer the same for disposal along with MCOP.No.115/2022 pending before the file of the Motor Accidents Claims Tribunal No.II, Tiruvallur. TR CMP No. 680 of 2025 Cholamandalam MS General Insurance Co Ltd., Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai-600 001.
Appellant(s) Vs
1. Usha D/o. Vajjiravel, No.369/1, Anjaneyarkoil Street, Narasingapuram, Minnal, Ranipet District -632 502.
2.J.Anbarasu, 8/15
No.3, Bharathiyar Nagar, Veppambattu B.O., Thiruvallur District -602 024.
Respondent(s) PRAYER in TR CMP No. 680 of 2025:
Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw MCOP No.2175 of 2022 on the file of the Motor Accidents Claims Tribunal, Special Judge II, Court of Small Causes, Chennai and transfer the same for disposal along with MCOP.No.115 of 2022 pending before the file of the Motor Accidents Claims Tribunal No.II, Tiruvallur TR CMP No. 681 of 2025 Cholamandalam MS General Insurance Co Ltd., Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai-600 001.
Appellant(s) Vs
1. Komathi D/o. Venkatesan, No. 20, Big Street, Arunthathipalayam, Mittapettai, Minnal, Ranipet District 632 502.
2.J.Anbarasu, 9/15
No.3, Bharathiyar Nagar, Veppambattu B.O., Thiruvallur District 602 024.
Respondent(s) PRAYER in TR CMP No. 681 of 2025 : Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw MCOP No.1988 of 2022 on the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai and transfer the same for disposal along with MCOP.No.115 of 2022 pending before the file of the Motor Accidents Claims Tribunal No.II, Tiruvallur.
TR CMP No. 684 of 2025 Cholamandalam MS General Insurance Co Ltd., Motor III Party Claims Office, No.154, Thambuchetty Street, Shawallace Building, 2nd Floor, Parrys, Chennai-600 001.
Appellant(s) Vs
1. Rajeswari W/o. Ponnaiyan, No.84/1, Poovathamman Kovil Street, Asamandur, Arakkonam Taluk, Ranipet District - 502.
2.J. Anbarasu No.3, Bharathiyar Nagar, Veppambattu B.O., Thiruvallur District - 024.
Respondent(s) PRAYER in TR CMP No. 684 of 2025 : Transfer Civil Miscellaneous 10/15
Petition filed under Section 24 of Code of Civil Procedure, to withdraw MCOP NO.2047 of 2022 on the file of the Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai and transfer the same for disposal along with MCOP NO.115 of 2022 pending before the file of the Motor Accidents Claims Tribunal No.II, Tiruvallur. For petitioner in Mrs.Harini for Mr. N. Vijayaraghavan all cases For respondents M/s. Victory Law Associates in all cases COMMON ORDER These Transfer Civil Miscellaneous Petitions are filed by the Insurance Company, who is the second respondent in the claim petitions, seeking transfer of following cases to the file of the Motor Accidents Claims Tribunal - II, Tiruvallur, to be tried along with M.C.O.P. No.115 of 2022. S.No.
Case No.
On the file of MCOP No.1891/2022 MACT, VI Small Causes Court, Chennai MCOP No.2048/2022 MACT, VI Small Causes Court, Chennai MCOP No.3524/2022 MACT, Special Judge I, Small Causes Court, Chennai MCOP No.2175/2022 MACT, Special Judge II, Small Causes Court, Chennai MCOP No.1988/2022 MACT, VI Small Causes Court, Chennai MCOP No.2047/2022 MACT, V Small Causes Court, Chennai 11/15
2. It is the case of the Insurance Company that there are about 20 claim petitions that have arisen out of the same accident and 10 claim petitions have been filed before the Motor Accidents Claims Tribunal II, Tiruvallur and 9 claim petitions in Chennai. In order to avoid multiplicity of proceedings and conflicting judgments, the aforesaid cases in Chennai may be transferred to Tiruvallur to be tried together and for joint disposal along with M.C.O.P.No.115 of 2022.
3. The learned counsel for the claimants, who has been put on notice, has no serious objection for the transfer being ordered as prayed for.
4. In view of the same, in order to avoid multiplicity of proceedings and conflicting judgments, the Transfer Civil Miscellaneous Petitions are allowed as prayed for.
5. Considering that the Original Petitions are of the year 2022, a direction is issued to the Motor Accidents Claims Tribunal II, Tiruvallur to dispose of the Claim Petitions (MCOPs) expeditiously, in any event, within a period of six months from the date of receipt of a copy of this order. 12/15
6.
The respective Motor Accidents Claims Tribunals, mentioned in the tabular column in paragraph 1 supra, from where the claim petitions are now transferred, shall transfer the records to the file of the Motor Accidents Claims Tribunal, Special Sub Court II, Tiruvallur, without any delay. No costs. Consequently, connected miscellaneous petitions are closed."
4. In view of the modification of the order dated 15.07.2025, as above, time granted for the disposal of the O.Ps. shall run from the date of receipt of the copy of this order.
31.07.2025 jd Index : Yes/No Speaking Order : Yes / No 13/15
To
1. MACT, Special Judge I, Small Causes Court, Chennai.
2. MACT, Special Judge II, Small Causes Court, Chennai
3. MACT, VI Small Causes Court, Chennai
4. MACT, V Small Causes Court, Chennai 14/15
P.B. BALAJI,J.
jd Tr.C.M.P.Nos.677, 678, 679, 680, 681 & 684 of 2025 & CMP.Nos.16170, 16176, 16191, 16194, 16200 & 16217 of 2025 31.07.2025 15/15