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1989 Supreme(MP) 284

B.M.LAL
SUDHA SHARMA – Appellant
Versus
RAM NARESH JAISWAL – Respondent


Advocates Appeared:
FAKHRUDDIN, NARENDRA SHRIVASTAV, P.S.GOTHALVAL

B. M. LAL, J.

( 1 ) THIS is claimant's application under Sec. 24 of the Code of Civil Procedure for transfer of Misc. Judicial Case No. 11 of 1989 (arising out of Claim Case No. 6 of 1984 which was dismissed in default on 20-1-1989) pending before the Motor Accident Claims Tribunal, Manila to any other Claims Tribunal of competent jurisdiction, preferably to Jabalpur.

( 2 ) THE claimant Smt. Sudha Sharma filed a claim petition against Ramnaresh Jaiswal and Dr. M. L. Vishwakarma before the Motor Accident Claims Tribunal, Mandla. It is alleged that her husband late Ashok Kumar Sharma met with an accident and succumbed to the injuries. The vehicle in question belonged to non-applicant. The alleged accident had taken place within the territorial jurisdiction of Mandla Accident Claims Tribunal, therefore, petition for compensation was filed at Mandla.

( 3 ) THE applicant is a resident of Jabalpur. She any how passed her LL. B. Examination and got herself enrolled as an Advocate recently. Her husband's death put her in a deplorable condition.

( 4 ) DURING the pendency of this transfer petition, the Claim Petition (No. 6 of 1984) was dismissed in default and, therefore, an application was















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