← Library
Madras High CourtTR CMP(MD)/483/2016dismissed as infructuous

Royal Sundaram Alliance v. Minor.Mogasri,

2024-12-02Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P.(MD)Nos.483 to 485 of 2016 and 501 of 2021 and C.M.P.(MD)Nos.9762 to 9764 of 2016 and 9285 of 2021 Royal Sundaram Alliance Insurance Company Ltd., Db Plaza, 3rd Floor, 47, Whites Road, Chennai.

... Petitioner in all the three petitions Vs.

1.Minor Mogasri Minor rep. by mother and next friend Kalai Selvi ... 1st Respondent in Tr.C.M.P.(MD) No.483 of 2016 1.Kalai Selvi ... 1st Respondent in Tr.C.M.P.(MD) No.484 of 2016 1.Thirukumaresan ... 1st Respondent in Tr.C.M.P.(MD) No.483 of 2016 1/6

2.Prakash 3.M/s.Sriram General Insurance Co. Ltd., E-8, EPIP, RIICO Industrial Area, Sithapura, Jaipur.

4.M.S.Ayyappan ... Respondents 2 to 4 in all the three petitions Prayer : These Transfer Civil Miscellaneous Petitions filed under Section 24 C.P.C., to withdraw the M.C.O.P.Nos.467 to 469 of 2015 on the file of Motor Accident Claims Tribunal, (Special Sub Court), Trichy and transfer the same for joint trial along with M.C.O.P.No.907 of 2015 on the file of Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Perambalur. For Petitioner : Mr.S.Srinivasa Raghavan For R1 : Mr.N.Sudhagar Nagaraj For R3 : Mr.D.Sivaraman For R2 & R4 : No appearance Tr.C.M.P.(MD)No.501 of 2021 Royal Sundaram Alliance Insurance Co. Ltd., Vishmathi Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai-600097.

Policy No.VPC0213054000104 ... Petitioner Vs.

1.S.Jeyaprakash 2/6

2.S.Iyappan ... Respondents Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the claim petition in M.C.O.P.No.907 of 2015 on the file of Motor Accident Claims Tribunal, Perambalur and transfer the same to the Motor Accident Claims Tribunal (Special Sub Court), Trichy, to be tried jointly along with M.C.O.P.Nos.467 to 469 of 2015 pending thereon. For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : No appearance COMMON ORDER The Transfer Civil Miscellaneous Petitions in Tr.C.M.P.(MD)Nos. 483 to 485 of 2016 are filed to withdraw the case on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Trichy, in M.C.O.P.Nos. 467 to 469 of 2015 and transfer the same to the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Perambalur. for joint trial along with M.C.O.P.No.907 of 2015.

2. The Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No. 501 of 2021 is filed to withdraw the case on the file of the Motor Accident 3/6

Claims Tribunal, (Chief Judicial Magistrate), Perambalur. in M.C.O.P.No. 907 of 2015 and transfer the same to the file of the Motor Accident Claims Tribunal, (Special Sub Court), Trichy, for joint trial along with M.C.O.P.Nos.467 to 469 of 2015.

3. The learned counsel appearing for the third respondent in Tr.C.M.P.(MD)Nos.483 to 485 of 2016 would submit that three claim petitions in M.C.O.P.Nos.467 to 469 of 2015 pending on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Trichy were tried jointly and common award came to be passed on 03.07.2023 and as such, nothing survives for further adjudication in the said transfer petitions.

4. The learned counsel appearing for the petitioner would submit that the case in M.C.O.P.No.907 of 2015 is pending on the file of the Motor Accident Claims Tribunal, Perambalur and since the other cases were already disposed of, the prayer in Tr.C.M.P.(MD)No.501 of 2021 has also become infructuous.

5. Recording the above, these Transfer Civil Miscellaneous Petitions 4/6

stand dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.

02.12.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Perambalur.

2. The Motor Accident Claims Tribunal, (Special Sub Court), Trichy.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR ,J.

csm Common Order made in Tr.C.M.P.(MD)Nos.483 to 485 of 2016 and 501 of 2021 and C.M.P.(MD)Nos.9762 to 9764 of 2016 and 9285 of 2021 Dated : 02.12.2024 6/6