Allowed

Kathiravan v. v.Rajesh

Madras HC19 Jun 2023TR CMP(MD)/21/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed transfer civil miscellaneous petitions to move accident claim cases from Cheyyar to Srivilliputtur Sub Court. The court accepted that petitioners now reside in Srivilliputtur and directed the receiving court to dispose of cases within 12 months.

What did the court decide?

M.C.O.P.Nos. 60 & 61 of 2019 are transferred from Cheyyar to Srivilliputtur Sub Court to be disposed within 12 months; no cost.

Kathiravan Vs v.Rajesh — Motor Accident Claims | Madras HC (2023)

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TR.C.M.P.(MD) Nos.21 & 22 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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TR.C.M.P.(MD) Nos.21 & 22 of 2023

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and

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C.M.P.(MD) Nos.503 & 504 of 2023

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Kathiravan ... Petitioner in TR.C.M.P.(MD)No.21/2023 Anitha ... Petitioner in TR.C.M.P.(MD)No.22/2023

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Vs.

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1.V.Rajesh 2.The Divisional Manager, Sriram General Insurance Company Ltd., No.66, 2^nd Floor, City Central Complex, Thirumalaipillai Road, T.Nagar, Chennai. ... Respondent in both Tr.C.M.Ps.

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Transfer Civil Miscellaneous Petitions filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the cases in M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident Claims Tribunal/Sub Court, Cheyyar, Tiruvanamalai District and transfer the same to the Sub Court, Srivilliputtur, Virudhunagar District.

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https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 4_

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TR.C.M.P.(MD) Nos.21 & 22 of 2023

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For Petitioner in both Tr.C.M.Ps. : Mr.M.Jothi Basu

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For R1 in both Tr.C.M.Ps. : No appearance For R2 in both Tr.C.M.Ps. : Shyllappa Kalyan

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C O M M O N O R D E R

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By this common order, both the Transfer Civil Miscellaneous Petitions are being disposed of.

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These Transfer Civil Miscellaneous Petitions have been filed to transfer M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident

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Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

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The fact remains that both the petitioners husband and wife had met with an accident 18.11.2018 and they have instituted the above M.C.O.Ps. Before Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District on account of the fact that they were temporarily residing in Cheyyar and working in a private concern and on account of the accident, they have left the job and settled in their

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

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Page No. 2 of 4

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TR.C.M.P.(MD) Nos.21 & 22 of 2023

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hometown in Srivilliputtur. Therefore, both petitioners pray for transfer of

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M.C.O.P.Nos.60 & 61 of 2019 from the Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

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Although there is a formal objection from side of the second respondent Insurance Company to allow these Transfer Civil Miscellaneous Petitions, considering the above facts and circumstances, I am inclined to allow these Transfer Civil Miscellaneous Petitions.

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Accordingly, both the M.C.O.P.Nos.60 & 61 of 2019 are directed

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to be transferred from the Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District to the Sub Court, Srivilliputtur, Virudhunagar District.

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The Sub Court, Srivilliputtur, Virudhunagar District shall renumber the M.C.O.Ps. and dispose of the same, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order.

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

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____________ Page No. 3 of 4_

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TR.C.M.P.(MD) Nos.21 & 22 of 2023

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C.SARAVANAN, J.

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jen

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Accordingly, these Transfer Civil Miscellaneous Petitions are

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allowed. No cost. Consequently, connected Miscellaneous Petitions are closed.

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19.06.2023

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NCC : Yes / No Internet: Yes/No Index: Yes/ No jen

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1.The Motor Vehicle Accident Claims Tribunal (Sub Court), Cheyyar, Tiruvanamalai District.

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2.The Sub Court, Srivilliputtur, Virudhunagar District.

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TR.C.M.P.(MD) Nos.21 & 22 of 2023 and C.M.P.(MD) Nos.503 & 504 of 2023

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https://www.mhc.tn.gov.in/judis ____________ Page No. 4 of 4_

Kathiravan v. v.Rajesh

Case brief

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Kathiravan v. v.Rajesh

Case brief

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