This order transferred a motor accident claim petition from Tirunelveli to Virudhunagar for joint trial with related batch cases to prevent conflicting judgments. The court directed disposal within six months.
Transfer of MCOP No.189 of 2016 from Tirunelveli to Virudhunagar for joint trial subject to disposal within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.C.M.P.(MD) No.86 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2021 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.86 of 2019 and C.M.P.(MD)No.2045 of 2019
Cholamandalam MS General Insurance Company Limited Dare House 2nd Floor No.2, NSC Bose Road Chennai ... Petitioner/3rd Respondent -vs1.Nainar ...1st Respondent/Petitioner 2.Tamil Nadu State Transport Corporation Limited. Madurai Through its Managing Director 3.Shanthi Cabs India Through its Proprietor Baskaran No.1, H.R.Church Buildings R.M.S.Road, Madurai -1 ...Respondents 2 & 3/ Respondents 1 & 2 4.M.Padmavathy 5.M.Mahadevan 6.M.Vasanthi 7.Jeyamani 8.S.Mahima @ Mahima Sriramani 9.Thenmalar .....Respondents (Respondents 4 to 9 are suo motu impleaded as party respondents in the appeal vide Court order dated 18.11.2019 made in Tr.CMP(MD).Nos.86 and 87 of 2019 )
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the claim petition in MCOP.No.189 of 2016 pending on the file of Motor Accident Claims Tribunal /Chief Judicial Magistrate, Judge, Tirunelveli and transfer the same to the Motor Accident Claims Tribunal ( I Additional District Judge), Virudhunagar to be tried jointly along with MCOP.Nos. 73 to 76, 78 and 79 of 2016 pending on the file of Motor Accident Claims Tribunal (I Additional District Judge), Virudhunagar.
For Petitioner : Mr.S.Srinivasa Raghavan For R1 : Mr.V.Sasikumar https://hcservices.ecourts.gov.in/hcservices/ For R2 to R9 : No appearance
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Tr.C.M.P.(MD) No.86 of 2019
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the claim petition in MCOP.No.189 of 2016 pending on the file of Motor Accident Claims Tribunal /Chief Judicial Magistrate, Judge, Tirunelveli and transfer the same to the Motor Accident Claims Tribunal ( I Additional District Judge), Virudhunagar to be tried jointly along with MCOP.Nos. 73 to 76, 78 and 79 of 2016 pending on the file of Motor Accident Claims Tribunal (I Additional District Judge), Virudhunagar.
2.The learned counsel for the petitioner submits that the first petitioner/claimant has filed a claim petition in MCOP.No.189 of 2016 before the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tirunelveli for compensation of Rs.5,00,000/- with interest and it is pending. Now, the batch cases in MCOP.Nos. 73 to 79 of 2016 are pending before the Motor Accident Claims Tribunal (I Additional District Judge), Virudhunagar. He further submitted that since all the claim petitions are arising out of same accident, Insurance Company and owner of the vehicle are one and the same and issues framed would be same, it has become just and necessary to transfer the claim petition in MCOP.No.189 of 2016 to the file of Motor Accident Claims Tribunal (I Additional District Judge), Virudhunagar for joint trial along with batch of cases and it would be beneficial to all the parties concerned without any room for conflicting decisions in the determination of compensation. Hence, he prays to transfer the case.
3.Though notice have been served to the respondents 2 to 9, paper publication was effected and their names were printed in the cause list, the respondents 2 to 9 have not chosen to appear either in person or through their counsel duly instructed.
4.The learned counsel for the first respondent would submit that the claimant has been referred to the Medical Board for assessment of disability and the statement of witnesses were almost recorded in this case. However, he has no objection to transfer the case. But then, he prays to dispose the case within a stipulated period.
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Tr.C.M.P.(MD) No.86 of 2019
Virudhunagar to be tried along with M.C.O.P.Nos. 73 to 76, 78 & 79 of 2016 for disposal as per law. The Motor Accident Claims Tribunal /Chief Judicial Magistrate, Tirunelveli is directed to transmit the papers to the Motor Accident Claims Tribunal (I Additional District Judge), Virudhunagar forthwith. The I Additional District Judge, Virudhunagar is directed to dispose M.C.O.P.No.189 of 2016 along with M.C.O.P.Nos. 73 to 76, 78 & 79 of 2016 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
msa
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To:
The Registrar Judicial,
Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.S.SRINIVASA RAGAVAN, Advocate ( SR-20204[F] dated 25/06/2021 )
Order made in Tr.C.M.P.(MD) No.86 of 2019 and C.M.P.(MD)No.2045 of 2019 Dated: 24.06.2021
KM(02.07.2021) 3P 5C
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2 issues framed by the court
Whether it is just and necessary to transfer a claim petition pending at Tirunelveli to Virudhunagar for joint trial with other batch cases arising from the same accident.
Whether the tribunal can dispose of the transferred claim along with batch cases within a stipulated period.
1 provisions across 1 enactments
Cholamandalam MS General Insurance Company Limited
Nainar
Tamil Nadu State Transport Corporation Limited
A.A.Nakkeeran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
