Dismissed

Adaikalasamy, v. Adaikalasamy

Madras HC3 Oct 2023TR CMP(MD)/568/2023

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Transfer Civil Miscellaneous Petition seeking to transfer a Motor Accident Claims case from Thanjavur to Mayiladuthurai. The Court found the shifting of residence insufficient without other valid grounds to warrant the transfer.

What did the court decide?

Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Adaikalasamy, Vs Adaikalasamy — Motor Accident Claims | Madras HC (2023)

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Tr.C.M.P(MD).No.568 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P (MD).No.568 of 2023 and C.M.P(MD)No.568 of 2023

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1.Adaikalasamy

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2.Sahayamary : Petitioners/Respondents

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Vs.

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1.Adaikalasamy

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2.The Divisional Manager, New India Assurance Company Limited, Seenivasan Pillai Road, Sethu Amirtham Towers, First Floor (Near Oriental Towers) Thanjaur Town, Thanjavur District. : Respondents/Respondents

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the case in M.C.O.P.No.1003 of 2022 on the file of the Motor Accident Claims Tribunal/Special District Court, Thanjavur to any Court at Mayiladuthurai.

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For Petitioner : Mr.G.Karnan

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed to seeking

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orders to transfer the case in M.C.O.P.No.1003 of 2022 on the file of the

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https://www.mhc.tn.gov.in/judis 1/4

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Tr.C.M.P(MD).No.568 of 2023

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Motor Accident Claims Tribunal/Special District Court, Thanjavur to any Court at Mayiladuthurai on the ground that the claimants have now shifted their residence from Thanjavur to Mayiladuthurai.

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It is seen from the records that the petitioners/claimants are the

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parents of the deceased. The claimants have laid the above claim petition against the first claimant, owner of the vehicle by showing as first respondent and also the insurer of the offending vehicle.

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Except the above ground of shifting of their residence, no other valid reason is canvassed by the petitioners. This Court is not inclined to accept the reason advanced by the learned counsel for the petitioners. Hence, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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03.10.2023

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NCC : Yes/No Index : Yes/No Internet : Yes/No das

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https://www.mhc.tn.gov.in/judis 2/4

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Tr.C.M.P(MD).No.568 of 2023

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1.The Motor Accident Claims Tribunal/Special District Court, Thanjavur.

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https://www.mhc.tn.gov.in/judis 3/4

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Tr.C.M.P(MD).No.568 of 2023

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K.MURALI SHANKAR, J.

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das

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Tr.C.M.P (MD).No.568 of 2023 and C.M.P(MD)No.568 of 2023

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03.10.2023

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https://www.mhc.tn.gov.in/judis 4/4

Adaikalasamy, v. Adaikalasamy

Case brief

What is this about?

What did the court decide?

Adaikalasamy, v. Adaikalasamy

Case brief

What is this about?

What did the court decide?

What the court decided

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