Allowed

Bajaj Allianz General Insurance Co.Ltd v. S.Sundarambal

Madras HC25 Aug 2023TR CMP/255/2023

Case brief

AI extract

What is this about?

A transfer petition under Section 24 CPC sought to move a Motor Accidents Claims Tribunal case from Kancheepuram to Chennai for consolidation with another case arising from the same accident. The court approved the transfer and consolidation

What did the court decide?

Petitioner permitted to withdraw M.C.O.P.No.372 of 2017 from Kancheepuram and transfer it to Chennai to be tried with M.C.O.P.No.6588 of 2017.

Bajaj Allianz General Insurance Co.Ltd Vs… — Execution and Attachment | Madras HC (2023)

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Tr.C.M.P. No. 255 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :25.08.2023

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CORAM :

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Tr.C.M.P. No. 255 of 2023

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and

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C.M.P.No.5615 of 2023

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M/s Bajaj Allianz General Insurance Co., Ltd, Represented by its Deputy Legal Manager, New No.497 & 498, Old No.276 and 277, Isanakattima Building, 5^th floor, Poonamallee High Road, Opp to TN Medical Council, Arumbakkam, Chennai 600 106

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...Petitioner

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.Vs.

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S. Sundarambal W/o Sundara Vadivel

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M. Indirani

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Minor M.Sathya

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Minor M. Thenmozhi

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Srinivasan Sampath

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...Respondents

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Prayer: This Civil Revision Petition is filed under Section 24 of C.P.C to

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withdraw M.C.O.P.No.372 of 2017 pending on the file of The Motor Accidents Claims Tribunal at Kancheepuram, learned II-Additional District

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1/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P. No. 255 of 2023

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Judge, Kancheepuram and transfer the same to the file of The Motor Accidents Claims Tribunal at Chennai, Learned II- Judge, Court of Small

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Causes at Chennai, to be tried along with M.C.O.P.No.6588 of 2017 and pass orders.

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For Petitioner : Mr. P. Magesh For Respondent : Mr.C. Prabakaran

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ORDER

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This petition is filed to withdraw M.C.O.P.No.372 of 2017

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pending on the file of The Motor Accidents Claims Tribunal at Kancheepuram, learned II-Additional District Judge, Kancheepuram and transfer the same to the file of The Motor Accidents Claims Tribunal at Chennai, Learned II- Judge, Court of Small Causes at Chennai, to be tried along with M.C.O.P.No.6588 of 2017.

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The facts of the case is that the Respondents herein have filed

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two separate claim petitions one petition in M.C.O.P.No.372 of 2017 on the

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2/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P. No. 255 of 2023

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file of learned II Additional Judge, Kancheepuram and another petition in M.C.O.P.No.6588 of 2017 on the file of Learned II Judge, Court of Small causes, Chennai. However, both the petitions are filed claiming compensation for the death of one Murali in an alleged Road accident which occurred on 15.04.2017 involving the vehicle of the 5^th respondent. Hence, the petitioner has come forward with this petition to withdraw and transfer the M.C.O.P.No.372 of 2017 on the file of learned II Additional Judge, Kancheepuram to the the file of Learned II Judge, Court of Small Causes, Chennai in M.C.O.P.No.6588 of 2017 and hear both the matters together.

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The learned counsel for the petitioner submitted that the above

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M.C.O.P. petitions have been filed for the same cause of action which involves the same question of facts and of law. Hence he prays to allow this petition.

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4.In view of the above submission made by the learned counsel appearing for the petitioner this Court permits the petitioner to withdraw and transfer M.C.O.P.No.372 of 2017 on the file of learned II Additional

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3/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P. No. 255 of 2023

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Judge, Kancheepuram and transfer the same may to the file of The Motor Accidents Claims Tribunal at Chennai, Learned II- Judge, Court of Small

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Causes at Chennai and to be tried along with M.C.O.P.No.6588 of 2017.

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5.With the above directions, this Transfer Civil Miscellaneous

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Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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25.08.2023

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smn Index : Yes/No Internet: Yes/No

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To.

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The Principal District Munsif Cum Rent Court, Coimbatore

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4/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P. No. 255 of 2023

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V.BHAVANI SUBBAROYAN,J. Smn

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Tr.C.M.P. No. 255 of 2023

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and

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C.M.P.No.5615 of 2023

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25.08.2023

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5/5

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https://www.mhc.tn.gov.in/judis

Bajaj Allianz General Insurance Co.Ltd v. S.Sundarambal

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co.Ltd v. S.Sundarambal

Case brief

What is this about?

What did the court decide?

What the court decided

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