Kathiravan v. V.Rajesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) Nos.503 & 504 of 2023 Kathiravan ... Petitioner in TR.C.M.P.(MD)No.21/2023 Anitha ... Petitioner in TR.C.M.P.(MD)No.22/2023 Vs.

1.V.Rajesh 2.The Divisional Manager, Sriram General Insurance Company Ltd., No.66, 2nd Floor, City Central Complex, Thirumalaipillai Road, T.Nagar, Chennai.

... Respondent in both Tr.C.M.Ps.

Transfer Civil Miscellaneous Petitions filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the cases in M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident Claims Tribunal/Sub Court, Cheyyar, Tiruvanamalai District and transfer the same to the Sub Court, Srivilliputtur, Virudhunagar District. Page No. 1 of 4

For Petitioner in both Tr.C.M.Ps. : Mr.M.Jothi Basu For R1 in both Tr.C.M.Ps. : No appearance For R2 in both Tr.C.M.Ps. : Shyllappa Kalyan C O M M O N O R D E R By this common order, both the Transfer Civil Miscellaneous Petitions are being disposed of.

2. These Transfer Civil Miscellaneous Petitions have been filed to transfer M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

3. The fact remains that both the petitioners husband and wife had met with an accident 18.11.2018 and they have instituted the above M.C.O.Ps. Before Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District on account of the fact that they were temporarily residing in Cheyyar and working in a private concern and on account of the accident, they have left the job and settled in their Page No. 2 of 4

hometown in Srivilliputtur. Therefore, both petitioners pray for transfer of M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

4. Although there is a formal objection from side of the second respondent Insurance Company to allow these Transfer Civil Miscellaneous Petitions, considering the above facts and circumstances, I am inclined to allow these Transfer Civil Miscellaneous Petitions.

5. Accordingly, both the M.C.O.P.Nos.60 & 61 of 2019 are directed to be transferred from the Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

6. The Sub Court, Srivilliputtur, Virudhunagar District shall renumber the M.C.O.Ps. and dispose of the same, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order.

Page No. 3 of 4

C.SARAVANAN, J.

jen

7. Accordingly, these Transfer Civil Miscellaneous Petitions are allowed. No cost. Consequently, connected Miscellaneous Petitions are closed.

19.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen To 1.The Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District.

2.The Sub Court, Srivilliputtur, Virudhunagar District.

and C.M.P.(MD) Nos.503 & 504 of 2023 Page No. 4 of 4