GUJARAT HIGH COURT
J.R. VORA, J
RITABEN WD/O DECD. DINESHBHAI JEEBHAIBHAI PARMAR (SODHA) – Appellant
Versus
VASHRAMBHAI M BHARWAD – Respondent
Misc.Civil Application No 1279 of 2001 | M.A.C.P. No.1969/2000
For the Appellants/Petitioners: MR HM PARIKH
For the Respondents: MR SHASHIKANT S GADE
Transfer of accident claim proceedings based on applicant convenience is permissible under civil procedure.
Headnote:The application seeks the transfer of M.A.C.P. No.1969/2000 under Section 24 of the Civil Procedure Code, considering the applicants' difficulties in attending proceedings due to their residence. The court finds it appropriate to allow the transfer for convenience.
Result: The application is allowed, and the matter is transferred as directed.
JUDGEMENT
#. This application is filed for transfer of M.A.C.P. No.1969/2000 from Motor Claims Accident Tribunal, Ahmedabad to Motor Accident Claims Tribunal, Nadiyad under Section 24 of the Civil Procedure Code .
#. Learned advocate Mr.H.M.Parikh, for the applicant, and learned advocate Mr. Shashikant S. Gade, for opponent No.2 were heard. Opponent No.1 is served. #. The facts in the application discloses that the applicants are residing at Vaikunthpura, Tal. Matar, Dist. Kheda. Applicant Nos.1 and 4 are women and applicant No.2 is minor and looking to the facts and circumstances of the case it will be very difficult for applicants to attend proceedings of M.A.C.P. No.1969/2000 in Ahmedabad. In this view of the matter, the application is required to be allowed and the said M.A.C.P. is required to be transferred to the Tribunal of Kheda.
#. This Misc. Civil Application is allowed. M.A.C.P. No.1969/2000 which is pending at Motor Accident Claims Tribunal at Ahmedabad is hereby ordered to be transferred to Motor Accident Claims Tribunal at Nadiyad. Motor Claims Tribunal, Ahmedabad is directed to transmit all record and proceedings of M.A.C.P. No.1969/2000 to Motor Accident Claims Tribunal, Nadiyad. Motor Claims Tribunal, Nadiyad is directed to register the said M.A.C.P. and dispose of the same accordingly to law. Rule is made absolute.
( J. R. VORA, J. ) kks