S.Pandi @ Kuppusamy v. K.Velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-01-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.1092 of 2022 and C.M.P.No.18716 of 2022 1.S.Pandi @ Kuppusamy 2.Veluthai .. Petitioners vs.

1.K.Velmurugan 2.Sree Harivelmurugan Enterprises, N.47-CTB Road, Arasaradi Post, Madurai-625 016.

3.Bajaj Allianz General Insurance, Raagavis Cener, No.21 A, Nethaji Nagar, Nanjudapuram Main Road, Ramanathapuram Post, Coimbatore District.

.. Respondents 1/7

PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the proceedings pending on the file of the III Additional District and Sessions Judge, Dharapuram in MCOPNo.324 of 2017 to the Motor Accident Claim Tribunal in Theni. For Petitioners : Mr.D.G.Hariprasath For Respondent-1 : No Such Person For Respondent-2 : No Appearance For Respondent-3 : Mr.J.Michael Visuvasam for Mr.R.V.Sivaraj

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer the proceedings pending on the file of the III Additional District and Sessions Judge, Dharapuram in MCOP No.324 of 2017 to the Motor Accident Claim Tribunal in Theni. 2/7

2. The grievances of the petitioners are that the first petitioner is aged about 66 years and the second petitioner is aged about 63 years and both of them are now residing at Aandipatti at Rajathani Village, Aandipatti Taluk, Theni District. Since the petitioners are senior citizens and the accident also occurred in between Aandipatti and Theni Road, near Jakkampatti, the learned counsel for the petitioners made a submission that the case is to be transferred, enabling the petitioners to contest the case.

3. The learned counsel appearing on behalf of the third respondent-Insurance Company has no serious objection in transferring the case.

4. Considering the age of the petitioners and further considering the fact that the accident occurred in between Aandipatti and Theni Road, this Court is inclined to transfer the case. Thus, MCOP No.324 of 2017 pending on the file of the III Additional District and Sessions Judge, 3/7

Dharapurm stands transferred to the file of the Motor Accident Claims Tribunal at Theni forthwith. The III Additional District and Sessions Judge, Dharapurm is directed to transmit the case papers to the file of the Motor Accident Claims Tribunal at Theni, within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the present Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 23-01-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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To 1.The III Additional District and Sessions Judge, Dharapuram.

2.The Motor Accident Claims Tribunal, Theni.

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S.M.SUBRAMANIAM, J.

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23-01-2023 7/7