Paramasivam, v. Ragavan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.11005 of 2022 1.Paramasivam 2.Guruvuthai ... Petitioners/ Petitioner Vs.

1.Ragavan 2.The Managing Director, SETC., Thiruvalluvar House, Pallavan Salai, No.2, SETC., Mount Road, Chennai-2.

3.Kalyanasundarapandi ... Respondents/ Respondents PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case on the file of the Learned Motor Accident Claims Tribunal of Tiruppur (Sub Court) Kangeyam in M.C.O.P.No.3 of 2021 and transfer the same to Learned Motor Accident Claims Tribunal (Sub Court), Thirumangalam, Madurai District.

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For Petitioner : Mr.J.Karmega Kannan

ORDER

The present transfer civil miscellaneous petition has been filed to transfer M.C.O.P.No.3 of 2021 pending on the file of Motor Accident Claims Tribunal (Sub Court) of Tiruppur District at Kangeyam to Thirumangalam, Madurai District.

2. According to the petitioners, they are parents of the deceased and they had filed M.C.O.P.No.3 of 2021 before Sub Court, Kangeyam under a mistaken impression that the claim petition should be filed only within the jurisdiction of the Court, in which the accident has taken place. However, later they came to know that the claim petition could be filed even in a place, where the claimants are residing. According to the claimants, they are aged persons and they find it difficult to travel from Peraiyur to Kangeyam. Hence, the present application has been filed to transfer the claim petition from Kangeyam to Sub Court, 2/5

3. The respondents 1 and 3 have been served and they have remained ex parte. The 2nd respondent though served, has not chosen to appear either in person or through counsel.

4. Considering the facts and circumstances of the case, M.C.O.P.No.3 of 2021 on the file of Motor Accident Claims Tribunal (Sub Court) of Tiruppur at Kangeyam is withdrawn and the same is transferred to the file of Motor Accident Claims Tribunal (Sub Court)

5. With the above said direction, this Transfer Civil Miscellaneous Petition stands Allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

09.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 3/5

To 1.The Motor Accident Claims Tribunal (Sub Court), Kangeyam, Tiruppur.

2.The Motor Accident Claims Tribunal (Sub Court), 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

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