Allowed

The New India Assurance Co. Ltd. v. Ganesan

Madras HC22 Jan 2020TR CMP/232/2019

Case brief

AI extract

What is this about?

This order allows a transfer petition to move a motor accident claim from the Maduranthakam Tribunal to the Chennai III Tribunal for joint trial, finding no suspicion of malbonafides and directing expedited disposal within 30 working days.

What did the court decide?

Transfer of O.P.No.85 of 2017 from MACT Maduranthakam to III MACT Chennai for joint trial; no adjournment beyond 30 working days permitted.

The New India Assurance Co. Ltd. Vs Ganesan — Motor Accident Claims | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.01.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Transfer C.M.P.No.232 of 2019

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The New India Assurance Co. Ltd., No.116-A, GST Road, Chengalpet. ...Petitioner/2^nd Respondent

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vs.

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Ganesan
2. Banumathi
3. Sri Andal Enterprises,
MS So No.1528 NH 45, Near Nokia,
Bangalore Main Road,
Sriperumpudur Taluk,
Kanchipuram District – 602 105.

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...Respondents/Petitioners & 1^st Respondent

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Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.P.No.85 of 2017 from the file of the Motor Accidents Claims Tribunal at Maduranthakam, and to transfer the same to the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017 pending on the file of the III Motor Accidents Claims Tribunal at Chennai.

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For Petitioner : Mr.A.S.Subramanian

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For Respondents : No appearance O R D E R

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The Petitioner/Insurance Company has come up with this Petition seeking transfer of O.P.No.85 of 2017 from the file of the Motor Accidents Claims Tribunal at Maduranthakam to the file of the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017, pending on the file of the III Motor Accidents Claims Tribunal, Chennai.

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Heard the learned counsel for the Petitioner. None appears on behalf of the Respondents in spite of their names printed in the cause list, after service.

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https://hcservices.ecourts.gov.in/hcservices/

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There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

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In the result, the proceedings in O.P.No.85 of 2017 is ordered to be transferred from the file of the Motor Accidents Claims Tribunal at Maduranthakam to the file of the III Motor Accidents Claims Tribunal at Chennai for joint trial along with M.C.O.P.No.5084 of 2017, pending on the file of the III Motor Accidents Claims Tribunal at Chennai. The III Motor Accidents Claims Tribunal at Chennai, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 30 working days at any point of time, to bring the issue to a logical end.

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The Transfer Civil Miscellaneous Petition is allowed as
indicated above. No costs.
-s/d-
Assistant Registrar(CS-I)
True Copy
Sub-Assistant Registrar
(aeb)
To :
1.The Motor Accidents Claims Tribunal, Maduranthakam.
2.The III Motor Accidents Claims Tribunal, Chennai.
+1 CC to Mr.A.S.Subramanian, Advocate sr 4572.
Tr.C.M.P.No.232 of 2019
SR(CO)
SP(25/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

The New India Assurance Co. Ltd. v. Ganesan

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Ganesan

Case brief

What is this about?

What did the court decide?

What the court decided

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