IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.06.2009 CORAM THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Tr.C.M.P.Nos. 56 and 57 of 2009 and M.P.Nos. 1 and 1 of 2009 K. Thilagavathy .. Petitioner in Tr.CMP.56/2009 Dr.S.Karnunanithi .. Petitioner in Tr.CMP.57/2009 Versus 1. V. Purushothaman 2. United India Insurance Company Ltd., No.38, Anna Salai, Chennai – 600 002. .. Respondents in both Tr.CMPs. The Transfer Miscellaneous Petitions have been filed under Section 24 of Code of Civil Procedure praying to withdraw and transfer MACT.O.P.Nos.2127 and 2122 of 2005 from the file of III Judge, Motor Accident Claims Tribunal at Chennai to the District Court, Thanjavur. For Petitioners in both Tr.CMPs. : M/s. P.Sesubalan Raja For Respondents in both Tr.CMPs. : Mr. S.K.Krishnamoorthy COMMON ORDER The petitioners in MACT.O.P.Nos.2127 and 2122 of 2005 on the file of III Judge, Motor Accident Claims Tribunal at Chennai, are the petitioners in the transfer petitions. 2. The petitioners have filed MACT.O.P.Nos.2127 and 2122 of 2005 before the learned III Judge, Motor Accident Claims Tribunal at Chennai claiming compensation on account of the injuries sustained by them in a motor accident on 24.12.2004. The petitioner in MACT.O.P.No.2127 of 2005 is the wife of the petitioner in MACT.O.P.No.2122 of 2005. The claim petitions were filed before the Motor Accident Claims Tribunal, Chennai, as the petitioners were taking treatment from the hospital at Chennai. The petitioners are https://hcservices.ecourts.gov.in/hcservices/ permanently residing at Thanjavur and after the treatment was over, they have gone back to their native place. According to the petitioner in Tr.C.M.P.No.56 of 2009, she is not in a position to move out of her residence on account of the injuries sustained in the accident. In any case, Motor Accident Claims Tribunal,Tanjore is also having jurisdiction to entertain the matter as the petitioners are permanent residents of Thanjavur. 3. The Motor Vehicles Act was amended and a provision was incorporated whereby it is possible for the claimants to file a claim petition before the Court within whose jurisdiction the claimants are residing. When the Parliament in their wisdom has granted such a liberty to the claimants, I do not see any reason to deny the prayer to transfer the proceedings. 5. In the result, MACT.O.P.No.2127 and 2122 of 2005 are withdrawn from the file of III Judge, Motor Accident Claims Tribunal at Chennai, and both the claim petitions are transferred to the District Court, Thanjavur, for disposal on merits and as per law. 6. The Tr.C.M.P.Nos.56 and 57 of 2009 are ordered as indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mra To 1. United India Insurance Company Ltd., No.38, Anna Salai, Chennai – 600 002. 2. The III Judge, Motor Accident Claims Tribunal, Chennai. 3. The District Court, Thanjavur. +2ccs to Mr.S.K.Krishnamurthy, Advocate Sr 23429,23430 +2ccs to Mr.P.Sesubalan Raja, Advocate Sr 23394,23395 LA(CO) km/22.7. Tr.C.M.P.Nos. 56 and 57 of 2009 and M.P.Nos. 1 and 1 of 2009 https://hcservices.ecourts.gov.in/hcservices/