MCA/3154/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 3154 of 2007 To MISC.CIVIL APPLICATION No. 3157 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MAKANBHAI PARSOTTAMBHAI SINDHA - Applicant(s) Versus TULSIDAS MANUBHAI VASAVA & 2 - Opponent(s) ========================================================= Appearance : MR SHAKEEL A QURESHI for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 11/07/2008 ORAL JUDGMENT 1. As common question of facts and law arises in this group of applications, they are being disposed of by this common order. MCA/3154/2007 2/5 JUDGMENT 2. Heard Mr.Shakeel Qureshi, learned advocate appearing on behalf of the respective applicants and Mr.Vasant S.Shah, learned advocate appearing on behalf of the United India Insurance Company in each of the applications. 3. With the consent of the learned advocate appearing on behalf of the respective parties, the applications are taken up for final hearing today. 4. All these applications are filed by the respective applicants under sec.24 of the Code of Civil Procedure for appropriate order for transferring the respective Motor Accident Claim Petitions from Motor Accident Claims Tribunal, Baroda to Motor Accident Claims Tribunal, Bharuch. 5. All these applicants are original claimants who have filed Motor Accident Claim Petition Nos.755 of 2003, 1631 of 2002, 1629 of 2002 and 1630 of 2002 before the Motor Accident Claims Tribunal, Vadodara claiming compensation under sec.166 of the Motor Vehicles Act. It is the case on behalf of the respective applicants that all the applicants are permanent resident of Bharuch and at the relevant time, as the accident had taken place near Vadodara, all of them filed Claim Petitions before the MCA/3154/2007 3/5 JUDGMENT tribunal at Vadodara. It is submitted that as per the amended Motor Vehicles Act, claimant can choose the tribunal of his choice and can file claim petition before the tribunal within whose jurisdiction the claimant resides. It is submitted that it is not possible for the applicants to attend the proceedings on each and every adjournment at Vadodara. It is submitted that the main contesting party – Insurance Company is having their office even at Bharuch and and therefore, no hardship would be caused to the Insurance Company. Submitting accordingly, it is requested to allow all these applications and transfer the claim petitions from Vadodara to Bharuch. 6. Mr.Vasant S.Shah, learned advocate appearing on behalf of the Insurance Company, who can be said to be main contesting party has submitted that the amendment in the Motor Vehicles Act came into force in the year 1994 and still the applicants filed Claim Petitions in the tribunal at Vadodara and therefore, these applications are required to be dismissed. 7. Heard the learned advocate appearing on behalf of the respective parties. 8. It is not in dispute that all the applicants – original MCA/3154/2007 4/5 JUDGMENT claimants are permanent residents of Bharuch. As per the provisions of the Motor Vehicles Act, option is with the claimants and irrespective of the place of accident, the claimants can file claim petitions in the tribunal within whose jurisdiction they reside. Under the circumstances, it will be too technical to consider the fact that inspite of the provisions, the claimants filed claim petitions at Vadodara and therefore, their applications for transferring the claim petitions to Bharuch may not be considered. 9. It is not disputed that the Insurance Company who is the main contesting party, is having its office at Bharuch and therefore, if the claim petitions are transferred to Motor Accident Claims Tribunal, Bharuch, no hardship would be caused to the Insurance Company. On the other hand, if the proceedings are not transferred to Bharuch, the claimants, who are residing at Bharuch, would suffer hardship. Under the circumstances and in the facts and circumstances of the case, all the applications are required to be allowed and respective claim petitions are required to be transferred from Vadodara to Bharuch. 10.For the reasons stated above, all these applications succeed. Motor Accident Claim Petition Nos.755 of 2003, 1631 of 2002, 1629 of 2002 and 1630 of 2002 pending in MCA/3154/2007 5/5 JUDGMENT the Motor Accident Claims Tribunal, Vadodara are hereby ordered to be transferred to Motor Accident Claims Tribunal, Bharuch. Rule is made absolute accordingly in each of the applications. No costs. [M.R. SHAH, J.] rafik