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2026 Supreme(Online)(Mad) 40908
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
N.Iswariya – Appellant
Versus
M.Tamilarasi – Respondent
C.M.P.(MD)No.3045 of 2026
For the Appellants/Petitioners: M/s.P.Priyadarshini for Mr.Ravishankar
For the Respondents: Mr.K.Kumaravel for R1
Transfer of connected claim petitions to avoid conflicting decisions and ensure consistent adjudication under Section 24 CPC.
Headnote:The judgement involves the application of Section 24 of the Civil Procedure Code, 1908. The case arises from applications for transfer of a claim petition filed under motor accident claims, where two connected claims are pending in two different tribunals. The court determined that because both claims arise from the same incident, transfer was necessary to enable consistent and efficient adjudication. The main issue framed by the court is whether the claim petitions should be consolidated by transfer. The court held that the jurisdiction to transfer exists to avoid conflicting decisions and ensure that the connected matters are heard together. The Transfer Civil Miscellaneous Petition is allowed with directions to transfer the petition and related applications to the appropriate tribunal.
| Table of Content |
|---|
| 1. petition for transfer of connected claim petition (Para 1 , 3) |
| 2. facts of connected claim petitions and ex parte order (Para 4 , 5 , 6) |
| 3. court considers facts and orders transfer (Para 7) |
| 4. directions for transfer and simultaneous proceedings (Para 9 , 10 , 11) |
Respondents 1 & 2 Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the case in M.C.O.P.No.779 of 2025 filed by the first respondent, pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai to the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.
For Petitioners : M/s.P.Priyadarshini for Mr.Ravishankar For Respondents : Mr.K.Kumaravel for R1 No appearance for R2 & R3
ORDER
The Transfer Civil Miscellaneous Petition is filed to withdraw the case in M.C.O.P.No.779 of 2025 on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai, and transfer the same to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.
2. There is no representation for the respondents 2 and 3.
3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.
4. It is not in dispute that for the death of one Nagarathinam, his mother / first respondent herein has filed a claim petition in M.C.O.P.No. 779 of 2025 and the same is pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai and that his daughters / petitioners herein have filed a claim petition in M.C.O.P.No.165 of 2024 and the same is pending on the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.
5. It is further not in dispute that the first respondent herein, who has been arrayed as the second respondent in M.C.O.P.No.165 of 2024, had remained ex parte and that after completion of trial, the said matter has been posted for pronouncement of orders on 08.06.2026. It is also not in dispute that in M.C.O.P.No.779 of 2025, trial has already commenced and after examination of P.W.1, the matter stands posted for further evidence on the side of the petitioners.
6. The learned counsel appearing for the first respondent would submit that an application has already been filed for setting aside the ex parte order passed in M.C.O.P.No.165 of 2024 before the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, but the learned Judge has refused to entertain the same.
7. Considering the entire facts and circumstances of the case and also taking note of the fact that both the claim petitions arise out of the death of the very same deceased and that M.C.O.P.No.165 of 2024 stands posted for orders, this Court is of the considered view that M.C.O.P.No. 779 of 2025 pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP Cases, Madurai, is liable to be withdrawn and transferred to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, so as to enable the Tribunal to proceed with both the matters simultaneously and avoid conflicting decisions.
8. Accordingly, the learned Special District Judge for MCOP Cases /
Motor Accident Claims Tribunal, Madurai, is directed to transmit the entire records in M.C.O.P.No.779 of 2025 to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, within a period of ten days from the date of receipt of a copy of this order. On receipt of the records, the learned Special Subordinate Judge for MCOP Cases / Motor Accident Claims Tribunal, Tirunelveli, shall take the matter on file and proceed with the same in accordance with law.
9. Till such time, the learned Special Subordinate Judge for MCOP Cases / Motor Accident Claims Tribunal, Tirunelveli, is directed not to pronounce o
