SURYA KANT, DIPANKAR DATTA
Bhagirathi Devi – Appellant
Versus
Rafiq Khan – Respondent
| Table of Content |
|---|
| 1. accident led to compensation claim by dependents. (Para 1) |
| 2. counsel presented arguments for claim transfer. (Para 2) |
| 3. court recognizes hardships faced by petitioners. (Para 3) |
| 4. transfer petition for claim allowed from goa to bihar. (Para 4) |
| 5. interlocutory applications disposed; virtual examination allowed. (Para 5 , 6) |
ORDER :
2. We have heard learned counsel for the petitioners as well as learned counsel for respondent No.2 – owner of the vehicle and carefully perused the material placed on record.
4. Consequently, the Transfer Petition is allowed and the Claim No.50/2017, titled as “Smt. Bhagirathi Devi and Ors. vs. Shri Rafiq Khan and Ors.”, filed under Section 166 of the Motor Vehicles Act, 1988, which is pending before the Motor Accident Claims Tribunal at Panaji is ordered to be transferred to the Motor Accident Claims Tribunal, Aurangabad, Bihar. The records be forwarded to the Transferee Court forthwith.
6. As a result, pending interlocutory applications also stand disposed of.
The court emphasized the necessity of transferring claim proceedings to alleviate the hardships faced by petitioners after losing their sole breadwinner.
The court has the authority to transfer claim cases pending before different Motor Accident Claims Tribunals to one tribunal for proper adjudication, considering the interest of justice and the resid....
The Motor Accidents Claims Tribunal has jurisdiction to entertain claims related to accidents due to vehicle negligence despite involvement of railway administration.
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