Madras High Court
National Insurance Company Limited vs Malliga on 4 March, 2019
Author: M.Govindaraj
Bench: M. Govindaraj
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2019
CORAM
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
TR.CMP.NOS.84 TO 107 OF 2017
AND CONNECTED MISCELLANEOUS PETITIONS
TR.CMP NO.84 OF 2017
National Insurance Company Limited ... Petitioner
Vs.
1.Malliga
2.K.Chinnaswamy
3.Lakshmi ... Respondents
PRAYER: Petition filed under Section 24 of the Civil Procedure Code,
seeking to withdraw and transfer the claim petition pending in MCOP
No.219 of 2015 on the file of the Motor Vehicles Accidents Claims
Tribunal, Subordinate Court, Tiruchengode, to the file of Motor Accidents
Claims Tribunal, Sub Court, Erode, to be tried along with MCOP No.77 of
2015 on the file of 1st Additional Subordinate Motor Accidents Claims
Tribunal, Erode.
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For Petitioner : Ms.N.B.Surekha
(all Tr.CMPs')
For Respondents
1 & 2 in Tr.CMP No.84/2017 : Mr.R.Prabakar
For Respondent 1 : Mr.S.Kaithamalaikumaran
in Tr.CMP No.94/2017
For Respondent - 1
in Tr.CMP Nos.102 and
104/2017 : Mr.Ma.Pa.Thangavel
For Respondents 1 & 2
in Tr.CMP No.95/2017 : Mr.N.Umapathi
For Respondent -2
in Tr.CMP Nos.86, 87, 88, 89,
90, 94, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 106
and 107 of 2017
For Respondent 3
in Tr.CMP Nos.84, 93,95 /2017
For Respondent 4
in Tr.CMP No.85/2017
For Respondent 5
in Tr.CMP No.91/2017
For Respondent 6
in Tr.CMP No.92/2017 : Mr.M.Palani
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COMMON ORDER
These Transfer Civil Miscellaneous Petitions are filed seeking to transfer the MCOP cases pending in different Courts to any one Court for simultaneous trial. All these cases arose out of one and same accident. The accident had taken place on 25.08.2015 at 07.05 am, on the Highway between Erode and Coimbatore. The bus is insured with the petitioner/National Insurance Company Ltd. Claiming compensation, several claim petitions were filed before Sub Court, Thiruchengode; Sub Court, Namakkal and Principal District Court, Tiruppur. Seeking transfer of all the cases to one Court, the petitioner/insurance company is before this Court.
2. Learned counsel for the petitioner/insurance company would submit that all the claim petitions are based on one accident that had occurred on 25.08.2015 at Avinashi and for the convenience of all the parties, it is better to conduct all the cases, at any one of the Courts. Accordingly, they seek transfer of the cases to any one of the Courts either at Erode or Namakkal or Tiruppur District. http://www.judis.nic.in 4
3. Heard the submissions made on either side and perused the materials available before this Court.
4. From the materials available before this Court, it is seen that majority of the cases are pending before the Courts at Tiruppur, particularly, before the Principal Sub Court, Tiruppur. Considering the convenience of all the parties and to avoid multiplicity of proceedings, this Court is inclined to transfer all the cases pending before various Courts, to Principal Sub Court, Tiruppur.
5. Accordingly,
(i) MCOP No.219 of 2015 pending on the file of Sub Court, Thiruchengode;
(ii) MCOP No.225 of 2015 pending on the file of Sub Court, Thiruchengode;
(iii) MCOP No.248 of 2015 pending on the file of Sub Court, Thiruchengode;
(iv) MCOP No.249 of 2015 pending on the file of Sub Court, Thiruchengode;
(v) MCOP No.452 of 2015 pending on the file of Sub Court, Namakkal;
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(vi) MCOP No.472 of 2015 pending on the file of Sub Court, Namakkal;
(vii) MCOP No.1241 of 2015 pending on the file of Additional District Court, Namakkal;
(viii) MCOP No.1593 of 2015 pending on the file of 2nd Additional District Court, Tiruppur;
(ix) MCOP No.1595 of 2015 pending on the file of 2nd Additional District Court, Tiruppur;
(x) MCOP No.1709 of 2015 pending on the file of Additional Sub Court, Tiruppur;
(xi) MCOP No.1848 of 2015 pending on the file of 1st Additional District Court, Tiruppur;
(xii) MCOP No.1992 of 2015 pending on the file of Additional Sub Court, Tiruppur;
(xiii) MCOP No.2261 of 2015 pending on the file of Additional Sub Court, Tiruppur;
(xiv) MCOP No.2274 of 2015 pending on the file of Additional Sub Court, Tiruppur; and
(xv) MCOP No.2276 of 2015 pending on the file of Additional Sub Court, Tiruppur are hereby withdrawn from the respective Courts and transferred to Principal Sub Court, Tiruppur, to be tried along with MCOP Nos.1776, 2077, 2078, 2079, 2080, 2082, 2083, 2084 and 2085 of 2015 respectively, pending before the same Court. On such transfer, the learned Judge, http://www.judis.nic.in 6 Principal Sub Court, Tiruppur, is directed to renumber all the petitions; issue notice to the parties and dispose of all the cases, as expeditiously as possible.
6. The Transfer Civil Miscellaneous Petitions are disposed of accordingly. No costs. Consequently, connected civil miscellaneous petitions are closed.
04.03.2019
Index : Yes/No
Internet : Yes/No
Speaking / Non-speaking order
BKN
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To
1. The Sub Court, Thiruchengode.
2.The First Additional Sub Court, Erode.
3.The Sub Court, Namakkal.
4.The Additional District Court, Namakkal.
5.The Second Additional District Court, Tiruppur.
6.The Additional Sub Court, Tiruppur.
7.The Principal Sub Court, Tiruppur.
8.The First Additional District Court, Tiruppur. http://www.judis.nic.in 8 M.GOVINDARAJ, J.
BKN TR.CMP.NOS.84 TO 107 OF 2017 04.03.2019 http://www.judis.nic.in