FAO No.4701 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4701 of 2011 (O&M) Date of Decision : 27.07.2011 Master Lovedeep Singh .......Appellant Versus Sarabjit Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sandeep Wadhawan, Advocate, for the appellant. Mr. Suvir Dewan, Advocate, for respondent No.3-Insurance Company. JITENDRA CHAUHAN, J. (ORAL) Heard. The learned counsel for the appellant has contended that the claim petition filed by the appellant has been returned solely on the ground of territorial jurisdiction. He further contends that the accident took place in the area of Nawanshahr (S.B.S. Nagar), however, the claim petition was filed at Amritsar. The claimant, who is the minor son of the deceased, is getting education at Mohali. The learned counsel has further submitted that the evidence by the parties was led before the learned Motor Accident Claims Tribunal (MACT), Amritsar. Therefore, the prayer has been made for the transfer of the record at Mohali, in order to avoid the delay and to save precious time of the Tribunal. Admittedly, the appellant, who is a minor, is a permanent resident of Mohali and is receiving education there. Though the claim 1 FAO No.4701 of 2011 (O&M) petition filed by the appellant has been dismissed, however, in order to impart substantial justice, the record, i.e., the proceedings of the Court, statements, etc, can be utilized for the purpose of adjudication of the claim petition. Keeping in view the fact that the technicalities should not be allowed to stand in the way of imparting substantial justice to the parties, this Court deems it appropriate to direct the learned Motor Accident Claims Tribunal, Amritsar, to send the entire record pertaining to the claim petition No.RBT 56 dated 28.01.2008/ 24.12.2010, to the learned Motor Accident Claims Tribunal, Mohali, within three weeks, which shall be taken into consideration by the latter, in order to save efforts and time of the parties as well as that of the learned Tribunal. The Award dated 22.4.2011 of the learned Tribunal, Amritsar, is set aside and a liberty is given to the claimant to agitate before the learned Tribunal at Mohali. The appeal is disposed of, accordingly. The parties shall appear before the Incharge District Judge-cum-Motor Accident Claims Tribunal, Mohali. A copy of this order be given dasti to the learned counsel for the parties, under the signatures of the Special Secretary of this Court. ( JITENDRA CHAUHAN ) 27.07.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2