IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.01.2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.20855 of 2025 Sagunthala ... Petitioner Versus

1.Divya

2.Minor Vaishvi Shivanya, S/o.Late. Sathishkumar, The Minor Respondent is Rep by NFG mother Divya Residing at D.No.19, West Street 7, Johnsonpet, Hasthampatti, Salem District- 636 00.

3.Balachandran

4.M/s.Reliance General Insurance Company Limited, Sree Lakshmi Complex, 1st Floor, Omalur Main Road, Bharathi Street, Swarnapuri, Salem – 636 004. … Respondents Prayer in Tr.C.M.P.No.911 of 2025: Petition filed under Section 24 of C.P.C., to withdraw the M.C.O.P.No.975 of 2023 on the file of the Motor try along with the claim petition in M.C.O.P.No.444 of 2023.

Prayer in C.M.P.No.20855 of 2025: Petition filed under Section 151 of C.P.C., to stay the proceedings in M.C.O.P.No.975 of 2023 on the file of the Motor Accident Claims Tribunal/Special District Judge of Salem, pending disposal of the Transfer Civil Miscellaneous Petition.

For Petitioner : Mr.D.Gopi For R1 : Mr.L.Ramanathan For R3 : No appearance For R4 : Mr.P.Suresh Srinivasan

ORDER

Heard

2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of M.C.O.P.No.444 of 2023 from the file of the Motor Accident Claims Tribunal / Special District Judge, Erode, and transfer of the same to the file of the Motor Accident M.C.O.P.No.975 of 2023 pending before the Tribunal at Salem.

3. The petitioner is the step mother of the deceased, 1^st respondent is the wife of the deceased and the 2^nd respondent is the minor daughter of the deceased, represented by her mother. It is seen that on 28.04.2023, the petitioner and respondents 1 and 2 filed M.C.O.P.No.444 of 2023 before the Tribunal at Erode, seeking compensation for deceased in the motor accident. Thereafter, due to difference of opinion between the petitioner and the 1^st respondent/wife, the 1^st respondent filed another claim petition in M.C.O.P.No.975 of 2023 before the Tribunal at Salem.

4. It is not in dispute that both claim petitions arise out of the same motor accident and death of the same deceased, and the wife and minor child are materially concerned parties. Separate trials before two Tribunals would not only result in multiplicity of proceedings, but also carry the risk of inconsistent findings/awards on common issues.

5. Considering the overall circumstances, and particularly the convenience of the wife with minor children to have the proceedings conducted at one forum, this Court is satisfied that transfer is warranted to secure the ends of justice.

6. Accordingly, Tr.C.M.P.No.911 of 2025 is disposed. M.C.O.P.No.444 of 2023 on the file of the Motor Accident Claims Tribunal/Special District Judge, Erode, is withdrawn and transferred to the file of the Motor Accident Claims Tribunal/Special District Judge, Salem. The Motor Accident Claims Tribunal/Special District Judge, Erode, shall transmit the entire records to the Motor Accident Claims Tribunal/Special District Judge, Salem, within three (3) weeks from the date of receipt of this order and the Motor Accident Claims Tribunal/Special District Judge, Salem, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order and C.M.P.No.20855 of 2025 is closed. There shall be no order as to costs.

08.01.2026 cda Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No To DR. A.D. MARIA CLETE, J cda and C.M.P.No.20855 of 2025

08.01.2026