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2000 Supreme(SC) 742

2001(3) Supreme 543
SUPREME COURT OF INDIA
K.T. Thomas and R.P. Sethi, JJ.
Dolly Kantibhai Patel -Petitioner
versus
Ballu Tukaram Auhad & Ors. -Respondents
Transfer Petition (Civil) No. 326 of 1999
Decided on 7-4-2000

Headnote:Motor Accident Claim-Transfer petition-Inquiry claim petition filed before Accident Claims Tribunal Nasik-Claimant went back to United States where he was living earlier-Other occupants of vehicle who were involved in accident hailed from Vadodara, Gujarat-Respondent Insurance Company had its branch office at Vadodara where claim petition was sought to be transferred-Transfer application allowed and petition to be transferred to principal MACT Vadodara. (Paras 2 & 3)

       

ORDER

Heard both sides.

2. A claim for compensation has 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 respondent - 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 and 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.

Application allowed.

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