Mohan Singh v. Saheb Singh And Others

Mohan Singh v. Saheb Singh And Others

(Supreme Court Of India)

Transfer Petition (Civil) No. 622 Of 1999 | 24-04-2000

1. This is a transfer petition in respect of a motor accident claim.

2. The case of the petitioner is that he resides in Delhi, most of the evidence is in Delhi and the amended provision of the statute now permits a claim to be filed where the claimant resides. There is no opposition to the transfer petition except that the insurance company has also referred to the same amended provision. We think that, in the circumstances, it is just and proper that the transfer petition be allowed.

3. The transfer petition is allowed accordingly. Claim Petition No. 399 of 1994 pending before the Motor Accident Claims Tribunal, Muzaffarnagar shall stand transferred to the Motor Accident Claims Tribunal, New Delhi.

4. No order as to costs.

Advocate List
Bench
  • HON'BLE JUSTICE S. P. BHARUCHA
  • HON'BLE JUSTICE SHIVARAJ V. PATIL
Eq Citations
  • (2001) SCC CRI 408
  • (2000) 9 SCC 403
  • LQ/SC/2000/774
Head Note

Constitution of India — Arts. 139 and 226 — Transfer of Motor Accident Claims Petition — Motor Vehicles Act, 1988 — S. 166-A(a) — Amended provision permitting claim to be filed where claimant resides — Transfer of claim petition to place of residence of claimant, permitted — Civil Procedure Code, 1908, Ss. 24 and 25