Saravanan v. Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.26535 of 2024 Saravanan ... Petitioner Vs

1. Srinivasan

2. Shanmugavelu

3. The Manager, United India Insurance Company Limited, Ro, 3rd Party Hub, AR Plaza, 45 Feet Road Extension, Balaji Nagar, Puducherry-13.

... Respondents PRAYER in Tr.C.M.P:

This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw MACTOP No.218 of 2024 from the file of the Motor Accidents Claims Tribunal, Villupuram and to transfer the same to the file of the Motor Accidents Claims Tribunal, Puducherry.

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Prayer in C.M.P. No.29730 of 2024:Petition filed under Section 151 of C.P.C., seeking interim stay of further proceedings in MACTOP No.218 of 2024 from the file of the Motor Accidents Claims Tribunal, Villupuram. For Petitioner :Mr.T.Saikrishnan For R1 :Mr.Ma.P.Thangavel for M/s.M.Lokesh For R2 : No appearance For R3 : Mrs.C.Harini for M/s.M.B.Gopalan

O R D E R

Heard

2. This Transfer Civil Miscellaneous Petition has been filed under Section 24 of C.P.C., to withdraw M.A.C.T.O.P. No.218 of 2024 from the file of the Motor Accident Claims Tribunal, Villupuram and to transfer the same to the file of the Motor Accident Claims Tribunal, Puducherry.

3. The petitioner is the husband of the deceased. The petitioner states that the deceased, namely, Sripriya, died in a road traffic accident and the petitioner has 2/6

already instituted a claim petition in M.A.C.T.O.P. No.118 of 2024 before the Motor Accident Claims Tribunal, Puducherry, seeking compensation. While so, the 1st respondent, who is the father of the deceased, has instituted another claim petition in respect of the very same accident in M.A.C.T.O.P. No.218 of 2024 before the Motor Accident Claims Tribunal, Villupuram.

4. The grievance of the petitioner is that two separate claim petitions arising out of the very same accident are now pending before two different Tribunals and if both proceedings are allowed to continue independently, there is every possibility of conflicting findings on negligence and compensation and further multiplicity of proceedings. It is, therefore, pleaded that the later proceedings be transferred so that both claims arising out of the same occurrence are dealt with by one Tribunal.

5. In matters arising out of the same accident, it is desirable that the claim petitions are tried by one and the same Tribunal, so as to avoid multiplicity of proceedings, minimise the risk of inconsistent findings on negligence and quantum, and facilitate a coherent assessment of compensation among all claimants. Having regard to the place of accident and the pendency of M.C.O.P.No.218 of 2024 at 3/6

Villupuram, the ends of justice would be better served by having both claim petitions adjudicated by the Motor Accident Claims Tribunal, Villupuram.

6. Though the present petition seeks transfer of the Villupuram case to Puducherry, this Court, exercising power under Section 24 CPC to make such order as is expedient for the ends of justice, considers it appropriate to transfer the petitioner's case at Puducherry to Villupuram, so that both proceedings arising out of the same accident are tried together.

7. Accordingly, Tr.C.M.P. No.1216 of 2024 is disposed. M.A.C.T.O.P. No.118 of 2024 on the file of the Motor Accident Claims Tribunal, Puducherry, is withdrawn and transferred to the file of the Motor Accident Claims Tribunal, Villupuram. The Motor Accident Claims Tribunal, Puducherry, shall transmit the entire records to the Motor Accident Claims Tribunal, Villupuram, within three (3) weeks from the date of receipt of this order and the Motor Accident Claims Tribunal, Villupuram shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this 4/6

Court on 22.11.2024 shall stand vacated and C.M.P. No.26535 of 2024 is closed. There shall be no order as to costs.

08.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

1. Motor Accidents Claims Tribunal, Villupuram

2. Motor Accidents Claims Tribunal, Puducherry 5/6

DR. A.D. MARIA CLETE, J mfa and C.M.P.No.26535 of 2024 08.01.2026 6/6