P.V.Vishal v. Sundar Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020 C O R A M THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN TR C.M.P. No.1006 of 2019 and C.M.P.Nos.26833 of 2019 P.V.Vishal ... Petitioner Vs.

1. Sundar Rajan

2. Zonal Manager, The Oriental Insurance Company Limited, Door No.16, KJR Complex, Vadakkuveli Veedhi, Madurai Bazaar, Madurai - 625 001.

... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under section 24 of C.P.C., to withdraw the case in MCOP. No.49 of 2019 on the file of the Motor Accident Claims Tribunal/Additional District Court, Paramakudi and transfer the same to the Chief Small Causes Court, Chennai, to be tried along with MCOP. No.1418 of 2019.

For Petitioner : No Appearance For Respondent : M/s.S.Arunkumar for R2

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the case in MCOP. No.49 of 2019 on the file of the Motor Accident Claims Tribunal/Additional District Court, Paramakudi and transfer the same to the Chief Small Causes Court, Chennai, to be tried along with MCOP. No.1418 of 2019.

2. First respondent has been served and his name is name is printed in the cause list. The second respondent, namely the Oriental Insurance Company Limited, has no objection for the matter being transferred.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the submissions of the learned counsel for the petitioner and the insurance company and also in order to avoid conflicting judgments being passed by two Courts, this Court is inclined to grant the prayer sought for by the petitioner. Accordingly, MCOP No.49 of 2019 pending on the file of the Motor Accident Claims Tribunal, Paramakudi is withdrawn and transferred to the file of the Chief Small Causes Court, Chennai, to be tried along with MCOP. No.1418 of 2019.

4. In the result, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Asr To

1. The Additional District Judge Motor Accident Claims Tribunal, Paramakudi.

2. The Chief Judge Small Causes Court, Chennai.

+1 cc to M/s.P.Chandrasekar Advocate sr4251 TR C.M.P. No.1006 of 2019 and C.M.P.No.26833 of 2019 rp(co) aa19/02/2020 https://hcservices.ecourts.gov.in/hcservices/