Issue
Reasoning
Decision
Dolly Kantibhai Patel
v.
Balu Tukaram Auhad And Others
(Supreme Court Of India)
Transfer Petition (C) No. 826 of 1999 | 07-04-2000
Heard both sides.
A claim for compensation has been filed by this petitioner before the Motor Accidents Claims Tribunal, Nasik (Maharashtra). The petitioner who sustained many injuries has gone back to the United States thereafter where he was living earlier. This petition is for transferring the aforesaid claim from MACT, Nasik to Vadodara (Gujarat) on the ground that there is none else at Nasik to prosecute the claim on behalf of the injured petitioner. It is said that all the other occupants of the vehicle who were involved in the accident hailed from Vadodara (Gujarat) and the power-of-attorney holder of the petitioner is also a resident of Vadodara itself. The respondent Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.
For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order MACP No. 499 of 1993 titled as Dolly Kantibhai Patel v. Balu Tukaram Auhad pending before MACT, Nasik (Maharashtra) to be transferred to the Principal MACT, Vadodara. The application for impleading legal heirs of Respondent 2 can be followed up before the transferee court.
Hence this transfer petition is allowed.
A claim for compensation has been filed by this petitioner before the Motor Accidents Claims Tribunal, Nasik (Maharashtra). The petitioner who sustained many injuries has gone back to the United States thereafter where he was living earlier. This petition is for transferring the aforesaid claim from MACT, Nasik to Vadodara (Gujarat) on the ground that there is none else at Nasik to prosecute the claim on behalf of the injured petitioner. It is said that all the other occupants of the vehicle who were involved in the accident hailed from Vadodara (Gujarat) and the power-of-attorney holder of the petitioner is also a resident of Vadodara itself. The respondent Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.
For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order MACP No. 499 of 1993 titled as Dolly Kantibhai Patel v. Balu Tukaram Auhad pending before MACT, Nasik (Maharashtra) to be transferred to the Principal MACT, Vadodara. The application for impleading legal heirs of Respondent 2 can be followed up before the transferee court.
Hence this transfer petition is allowed.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE K. T. THOMAS
HON'BLE JUSTICE R. P. SETHI
Eq Citation
(2001) 9 SCC 723
2001 (2) UC 17
2003 ACJ 227
JT 2000 (9) SC 632
LQ/SC/2000/683
HeadNote
Civil Procedure Code, 1908 — S. 25 — Transfer of suit — Transfer of suit pending before MACT, Nasik to Principal MACT, Vadodara — Petitioner who sustained injuries went back to United States where he was living earlier — Held, transfer is just and proper
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