Madras High Court
Pitchaiammal vs Kumar on 18 June, 2021
Tr CMP (MD) No. 143 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :18.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.143 of 2021
and
C.M.P.(MD)No.2694 of 2021
1.Pitchaiammal
2.Sumathi ... Petitioners
-vs-
1.Kumar
2.Devaki
3.Manikandan
4.Rani
5.United India Insurance Company Ltd.,
Rep. By it's Branch Manager,
Mannarkudi,
Thiruvarur District. ... Respondents
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the case in M.C.O.P.No.179 of 2020 on the
file of the Motor Accident Claims Tribunal/Principal Sub Judge, Kumbakonam
1/7
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 143 of 2021
and to transfer the said case to the file of the MCOP No.1057 of 2020 on the file
of the Motor Accident Claims Tribunal/Special District Judge, Trichy.
For Petitioners : Mr.N.Sudhagar Nagaraj
For R-1 to R-4 : Mr.G.Gomathisankar
For R-5 : Mr.R.Srinivasan
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw the
case in M.C.O.P.No.179 of 2020 on the file of the Motor Accident Claims
Tribunal/Principal Sub Judge, Kumbakonam and to transfer the said case to the
file of the MCOP No.1057 of 2020 on the file of the Motor Accident Claims
Tribunal/Special District Judge, Trichy.
2.The learned counsel for the petitioners submitted that the petitioners have
filed MCOP No.1057 of 2020 before the Motor Accident Claims Tribunal/Special
District Judge, Trichy, seeking claim for the death of first petitioner's husband.
The respondents have filed M.C.O.P.No.179 of 2020 before the Motor Accident
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Tr CMP (MD) No. 143 of 2021
Claims Tribunal/Principal Sub Judge, Kumbakonam, for compensation. It is
further submitted that the first petitioner is the legally wedded wife of the
deceased Alagirisamy. The second respondent, who is the unwarranted wife of
the deceased filed M.C.O.P.No.179 of 2020 and the same is not lawful.
The distance between Trichy to Kumbakonam is more than 100 kms. Hence, the
petitioner seeks to transfer the case to Trichy.
4.The learned counsel for the respondent has strongly opposed for transfer
of the case to the file of Motor Accident Claims Tribunal/Special District Judge,
Trichy. He further submitted that if this Court feels to transfer the case, the same
may be transferred to any other centre place.
5. Considering the submissions made on either side and to avoid conflicting
judgments, this Court feels to transfer the aforesaid cases to the file of Special
District Court/Motor Accident Claims Tribunal, Thanjavur.
6.In view of the above, the case in M.C.O.P.No.179 of 2020 is withdrawn
from the Motor Accident Claims Tribunal/Principal Sub Judge, Kumbakonam,
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Tr CMP (MD) No. 143 of 2021
and M.C.O.P.No. 1057 of 2020 is withdrawn from the file of the Motor Accident
Claims Tribunal/Special District Judge, Trichy and transferred to the file of the
Special District Court/Motor Accident Claims Tribunal, Thanjavur, for disposal
as per law. The learned Principal Subordinate Judge, Kumbakonam, and the
learned Special District Judge, Trichy, are directed to transmit the papers to the
file of the Special District Court/Motor Accident Claims Tribunal, Thanjavur,
forthwith. The learned Special District Judge/Motor Accident Claims Tribunal,
Thanjavur, is directed to hear the cases in M.C.O.P.No.179 of 2020 and
M.C.O.P.No.1057 of 2020 together and dispose the same on merits and in
accordance with law as expeditiously as possible.
7.In fine, this Transfer Civil Miscellaneous Petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
18.06.2021
Internet : Yes / No
Index : Yes / No
msa/cp
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 143 of 2021
To:
1. The Principal Sub Judge,/Motor Accident Claims Tribunal
Kumbakonam.
2.The Special District Judge/Motor Accident Claims Tribunal/
Trichy.
3.The Special District Judge/Motor Accident Claims Tribunal,
Thanjavur.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 143 of 2021
A.A.NAKKIRAN, J.
msa/cp
Order made in
Tr.C.M.P.(MD) No.143 of 2021
and
C.M.P.(MD)No.2694 of 2021
Dated:
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 143 of 2021
18.06.2021
https://www.mhc.tn.gov.in/judis/
