Madras High CourtTR CMP(MD)/314/2019ordered

C.Sugapriya v. R.Pechiammal

2019-10-01Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD) No.314 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.314 of 2019 and C.M.P.(MD) No.7292 of 2019 1.C.Sugapriya 2.C.Sanjana ... Petitioners vs.

1.R.Pechiammal 2.The Managing Director, Tamilnadu State Transport Corporation Ltd., Nagercoil, Nagercoil Region, Kanyakumari District.

... Respondents Prayer:- This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw M.C.O.P.No.370 of 2019 on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli and transfer the same to be taken along with M.C.O.P.No.14 of 2019 on the file of the Motor Accident Claims Tribunal (Sub Court), Kovilpatti.

For Petitioners : M/s.Maria Vinola For R1 : No appearance For R2 : Mr.P.Prabhakaran

ORDER

This petition is filed to transfer the petition in M.C.O.P.No.370 of 2019 pending on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli to the Motor Accident Claims Tribunal (Sub Court), Kovilpatti, to be tried along with M.C.O.P.No.14 of 2019.

2.No representation on behalf of the first respondent. 3.Though this petition is filed to transfer the petition in M.C.O.P.No.370 of 2019 pending on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli to the Motor Accident Claims Tribunal (Sub Court), Kovilpatti, to be tried https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.314 of 2019 along with M.C.O.P.No.14 of 2019, considering the fact that M.C.O.P.No.14 of 2019 is filed later in point of time on 24.04.2019 with reference to the very same accident, on which, M.C.O.P.No.370 of 2019 has also been filed. Interest of justice would be met if M.C.O.P.No.14 of 2019 is struck off. The petitioners herein are also the parties in MCOP.No.370 of 2019. Further, the residence of the claimants in M.C.O.P.No.370 of 2019 and the respondents 2 and 3 therein, who are the petitioners before this Court are at Thoothukudi. Therefore, this Transfer Civil Miscellaneous Petition is allowed and the petition in M.C.O.P.No.

370 of 2019 pending on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli, is ordered to be withdrawn and transferred to the file of Motor Accident Claims Tribunal (Sub Court), Kovilpatti. The learned III Additional District Judge, (Motor Accident Claims Tribunal), Tirunelveli, is directed to transmit the entire records of M.C.O.P.No.370 of 2019 to the Motor Accident Claims Tribunal (Sub Court), Kovilpatti, as expeditiously as possible to the Motor Accident Claims Tribunal (Sub Court), Kovilpatti. M.C.O.P.No.14 of 2019 on the file of the Motor Accident Claims Tribunal (Sub Court), Kovilpatti is struck off. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) mm To 1.The III Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.

2.The Subordinate Judge, Motor Accident Claims Tribunal, Kovilpatti.

+1 CC to M/s.M. MARIA VINOLA, Advocate SR-90909. +1 CC to M/s.P.PRABHAKARAN, Advocate SR-91047. TR.C.M.P.(MD) No.314 of 2019 01.10.2019 CS(06.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2