Dolly Kantibhai Patel Vs. Ballu Tukaram Auhad & Ors.
EmailAppeal: Transfer Petition (Civil) No. 326 of 1999
Petitioner: Dolly Kantibhai Patel
Respondent: Ballu Tukaram Auhad & Ors.
Apeal: Transfer Petition (Civil) No. 326 of 1999
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Jul 04, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Petition for compensation for accident – Pending at Nasik – Injured belonging to Vadodara – Others involved in accident also from same place – Power of attorney holder of injured also from Vadodara – Respondent Insurance Company having its branch office at Vadodara. Held that petition is transferred from Nasik to Vadodara.
(Para 3)
JUDGEMENT:
ORDER
1. Heard both sides.
2. A claim for compensation has
been filed by this petitioner before the Motor Accident Claims Tribunal, Nasik (Maharashtra). The petitioner who sustained many injuries has gone back to United States thereafter where he was living earlier. This petition is for transferring the aforesaid claim from M.A.C.T. 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 ~4~ Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.
3. For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order M.A.C.P. no. 499/1993 titled as Dolly Kantibhai Patel v. Balu Tukaram Auhad & Ors. pending before the M.A.C.T. Nasik (Mah.) to be transferred to the Principal M.A.C.T. Vadodara. The application for impleading legal heirs of respondent no. 2 can be followed up before the transferee court.
4. Hence this Transfer Petition is allowed.
1. Heard both sides.
2. A claim for compensation has
been filed by this petitioner before the Motor Accident Claims Tribunal, Nasik (Maharashtra). The petitioner who sustained many injuries has gone back to United States thereafter where he was living earlier. This petition is for transferring the aforesaid claim from M.A.C.T. 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 ~4~ Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.
3. For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order M.A.C.P. no. 499/1993 titled as Dolly Kantibhai Patel v. Balu Tukaram Auhad & Ors. pending before the M.A.C.T. Nasik (Mah.) to be transferred to the Principal M.A.C.T. Vadodara. The application for impleading legal heirs of respondent no. 2 can be followed up before the transferee court.
4. Hence this Transfer Petition is allowed.
