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1982 Supreme(SC) 299

SUPREME COURT OF INDIA
O. CHINNAPPA REDDY AND V. BALAKRISHNA ERADI, JJ.
Bhagwati Devi and others - Petitioners
Versus
M/s. I. S. Goel and others - Respondent
Transfer Petition (Civil) Nos. 72 to 84 of 1982
Decided On : 3-12-1982

Advocates Appeared:
For the Petitioner:- D.S. Vohra and Sarva Mitter, Advocate.
For the Respondent:- N. Sudhakaran, Advocate.

Headnote:

Civil Procedure Code, 1908 – Section 25 – Transfer of Case from Motor Accidents Claims Tribunal, Moradabad to the file of the Motor Accidents Claims Tribunal Delhi – Held, Court is of the view that the Motor Accidents Claims Tribunal constituted under the Motor Vehicles Act is a civil Court for the purposes of section 25 of the Civil Procedure Code. – Court is satisfied that the cases before court are fit cases for being transferred from the file of the Motor Accidents Claims Tribunal, Moradabad to the file of the Motor Accidents Claims Tribunal Delhi. – Compensation Application pending before the Motor Accidents Claims Tribunal, Moradabad are transferred to the file of the Motor Accidents Claims Tribunal, Delhi. – Petitions Allowed.

ORDER :

In view of the observations of this Court in State of Haryana v. Darshana Devi, 1979 A.C.J. 205 (S.C.), we are of the view that the Motor Accidents Claims Tribunal constituted under the Motor Vehicles Act is a civil Court for the purposes of section 25 of the Civil Procedure Code. We are satisfied that the cases before us are fit cases for being transferred from the file of the Motor Accidents Claims Tribunal, Moradabad to the file of the Motor Accidents Claims Tribunal Delhi. The transfer petitions are accordingly allowed and Compensation Application Nos. 3 to 15 of 1982 pending before the Motor Accidents Claims Tribunal, Moradabad are transferred to the file of the Motor Accidents Claims Tribunal, Delhi. Petitions allowed.

Petition allowed.

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