The petitioner-Insurance Company has filed these Transfer Civil Miscellaneous Petition to withdraw M.C.O.P.Nos.429, 433, 435, 442, 476 and 478 of 2011 respectively pending on the file of the Motor Accident Claims Tribunal, Principal District Judge, Krishnagiri and transfer the same to the file of the Motor Accident Claims Tribunal, District Judge, Salem.
2. It is stated in the affidavit that the respondents 1 to 3 in all Tr.C.M.Ps have filed M.C.O.P.Nos.429, 433 435, 442, 476 and 478 of 2011 before the Motor Accident Claims Tribunal, Principal District Judge, Krishnagiri claiming compensation for the death of C.Ramesh, Subramani, Mohan, Srinivasalu, Suresh and Vasanthakumar in an accident on 02.01.2011 involving car bearing Registration No.KA-02-C-1982 alleged to be insured with the petitioner-Insurance Company.
3. It is also stated that the claim of the respondents is connected with 13 other connected claims arising out of the same accident dated 02.01.2011, wherein, 8 claim petitions in M.C.O.P.No.501 to 508 of 2011 have been filed before the Motor Accident Claims Tribunal, District Judge, Salem and 6 claim petitions in M.C.O.P.Nos.429, 433, 435,442, 476 and 478 of 2011 have been filed before the Motor Accidents Claims Tribunal, Principal District Judge, Krishnagiri. The respondents to the claim petitions are common. Unless all the claim petitions are heard and decided together, there would be conflict of decisions and multiplicity of proceedings. No prejudice would be caused to the claimants, if the transfer petitions are allowed. Hence, the petitioner-Insurance Company has filed these Transfer Petitions.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents.
5. Taking into consideration the above grievances of the petitioner and that in order to avoid multiplicity of proceedings and conflict of decisions between the cases, these transfer petitions are allowed and M.C.O.P.Nos.429, 433, 435, 442, 476 and 478 of 2011 respectively pending on the file of the Motor Accident Claims Tribunal, Principal District Judge, Krishnagiri shall stand withdrawn and transferred to the file of Motor Accident Claims Tribunal, District Judge, Salem to be tried along with M.C.O.P.Nos.501 to 508 of 2011. No costs. Consequently, connected miscellaneous petitions are closed.
22.02.2017 srn PUSHPA SATHYANARAYANA.J srn Tr.C.M.P.Nos.660 to 665 of 2011 and M.P.No.1 of 2011 ( 5 Mps) 22.02.2017