N.Palaniyammal v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY TR CMP(MD)Nos.319 & 326 of 2025 1.N.Palaniyammal 2.Minor K.Mukeshkanth ... Petitioners (represented by his grandmother first petitioner, N.Palaniyammal) Vs.

The Branch Manager, State Express Transport Corporation Limited, Pallavan Salai, Chennai-02.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the suit in M.C.O.P.No.626 of 2018 on the file of the Motor Accident Claims Tribunal at Kulithalai and transfer the same to the Principal District Court, Dindigul or any other competent Courts.

TR CMP(MD)No.326 of 2025 1.Vellaiammal 2.Minor Priya @ Priyadharshini 3.Minor Sandhiya 4.Minor Malathika @ Maalesa 5.Minor Kavibala 1/4

6.Pappu 7.Ponnusamy ... Petitioners (1st petitioner i.e., B.Vellaiammal is representing the minor petitioners (Petitioner Nos.2 to 5), who is also their guardian) Vs.

The Branch Manager, State Express Transport Corporation Limited, Head Office, Thiruvalluvar House, Pallavan Salai, Chennai-02.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the suit in M.C.O.P.No.633 of 2018 on the file of the Motor Accident Claims Tribunal at Kulithalai and transfer the same to the Principal District Court, Dindigul or any other competent Courts.

In both the petitions:

For Petitioners : Mr.M.P.Akil COMMON ORDER These transfer civil miscellaneous petitions are filed to withdrawn the M.C.O.P.No.626 of 2018 on the file of the Motor Accident Claims Tribunal at Kulithalai and transfer the same to the Principal District Court, Dindigul or any other competent Courts. 2/4

2. The learned counsel appearing for the petitioners submitted that the 1st petitioner in Tr.C.M.P. (MD) No. 326 of 2025 has four minor children, as well as elderly parents and in-laws to take care of. The petitioner in Tr.C.M.P. (MD) No. 319 of 2025 is aged about 70 years and has one minor child. Since the accident occurred in Dindigul, the cause of action also arose in Dindigul.

3. Accepting the contention of the petitioners, that she finds it is very difficult to conduct the case in Kulithalai, this Court is inclined to allow these Petitions.

4. Accordingly, these Transfer Civil Miscellaneous Petitions are allowed as prayed for. No costs.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To 1.The Motor Accident Claims Tribunal at Kulithalai. 2.The Principal District Court, Dindigul.

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S.SRIMATHY, J., KSA TR CMP(MD)Nos.319 & 326 of 2025 29.08.2025 4/4