TA No.74 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.74 of 2011 Date of decision : 18.04.2011 Surindra Devi and another ...Applicants Versus Ajay Kumar and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Gaurav Singla, Advocate for the applicant. Mr. R.K. Bashamboo, Advocate, for respondent No.3. Mr. Sanjeev Patyal, Advocate, for respondent No.4. JITENDRA CHAUHAN, J. (Oral) 1. The instant application under Section 24 of the Code of Civil Procedure has been preferred seeking transfer of the claim petition titled as ‘Seema Vs. Ajay Kumar and others’, filed by the respondent No.4, from the learned Motor Accident Claims Tribunal, Chandigarh, to the Court of competent jurisdiction at Panchkula. 2. I have heard learned counsel for the parties and perused the record. 3. The applicant-claimants and respondent No.4 have filed two separate claim petitions. The learned counsel for the applicants states that the applicants cannot frequently visit Chandigarh on account TA No.74 of 2011 2 of their old health. On the other hand, the learned counsel for respondent No.4 states that the claim petition filed by respondent No.4 is prior in time and the office of respondent No.3-Insurance Company is located at Chandigarh. Therefore, it will be convenient to all the parties if the petition filed by the applicants is also transferred to Chandigarh. 4. From the perusal of the record, it is made out that respondent No.4 and the owner of the offending vehicle are residents of Panchkula. Moreover, respondent No.3-Insurance Company has also an office at Panchkula. Both the petitions arise out of one and the same accident. 5. Keeping in view the age and convenience of the parties, this Court is of the considered view that ends of justice would be met if the present application is allowed and the claim petition titled as ‘Seema Vs. Ajay Kumar’ preferred by respondent No.4 is withdrawn from the learned MACT, Chandigarh, and transferred to the Court of competent jurisdiction at Panchkula. I order accordingly. 6. The entire record pertaining to the claim petition shall be sent by the learned trial Court at Chandigarh to the learned District Judge, Panchkula, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. It is further directed that both the claim petitions be heard and disposed of together so as to avoid conflicting judgments. 7. The parties shall appear before the Court of learned District Judge, Panchkula, on 18.05.2011. TA No.74 of 2011 3 18.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No