1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.30 OF 2009 Smt.Kantabai Ganesh Adhave & Ors. - APPLICANTS VERSUS Ambadas @ Jagan s/o Kaduba Vaidya and Anr. - RESPONDENTS ***** Mr.PM Gaikwad,Advocate for Applicants; Mr.Rajendra Deshmukh, Advocate for Resp.Nos.1&2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 9th February, 2010. PER COURT : 1) Heard. 2) Death of Ganesh Dajiba Adhave, aged 35 years, made the claimant, widow Smt. Kantabai, residing at Jafrabad, having allegedly shifted to Aurangabad, to prosecute the Claim Petition at Aurangabad being MACP No.688/2008. 3) In the pleadings, an objection was raised by owner of the vehicle about jurisdiction in terms of Section 166(2) of the Motor Vehicles 2 Act, pointing that as the accident has taken place at and within the jurisdiction of Jalna, and as the claimants are residence of Jafrabad in Jalna, the learned Member of M.A.C.T. at Aurangabad, will not have jurisdiction to entertain the Claim Petition. An issue to this effect, based on the pleadings, is formulated by the learned Member in M.A.C.P.No.688/2008. 4) The fact remains, there are annexures indicating that the claimants are residing within the jurisdiction of Jalna, and naturally the claimants will be facing a brunt in terms of Section 166(2) of the MV Act, ultimately, the learned Member holding that it has no jurisdiction, then the left-over option could be, to remit the entire case to M.A.C.T., at Jalna. Instead of having faced such exercise, the situation warrants transfer of the proceedings to M.A.C.T.,Jalna instead of keeping it pending before the learned Member, M.A.C.T., Aurangabad. 5) During the course of submission, Mr. Deshmukh had a grievance about hurriedly passing of the order below Exhibit-5 on 16.3.2009 in spite of there being an objection to the jurisdiction of the Court and even to the involvement of the vehicle in question. He submits that there is a Review Application moved 3 on 25.3.2009 before the learned Judge. 6) Without pondering upon justness of the order passed below Exhibit-5 and Review Application moved by the owner of the vehicle, the request for transfer of M.A.C.P.No.688/2008 from the file of learned Member of MACT, Aurangabad to MACT, Jalna, is allowed. The learned Member of MACT, Jalna shall incidentally consider the Review Application for modification or variation of Exhibit-5 on its own merits. The parties shall appear before the learned Member of MACT, Jalna on 9th March, 2010. In the meantime, the learned Member, MACT, Aurangabad shall ensure to remit the proceedings immediately. 7) The MCA allowed with above directions. (K.U.CHANDIWAL) JUDGE bdv/mca30.09