MCA/2192/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 2192 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 ? ========================================================= NATIONAL INSURANCE COMPANY - Applicant(s) Versus ISMAIL DAUDBHAI GHANCHI & 3 - Opponent(s) ========================================================= Appearance : MR DAKSHESH MEHTA for Applicant(s) : 1, MR NEHAL R JOSHI for Opponent(s) : 1 - 2. MR AU CHAUHAN for Opponent(s) : 3, MR MA KHARADI for Opponent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. RULE. Mr.Nehal Joshi, learned advocate waive the service of notice of admission on behalf of the respondent Nos.1 and 2, Mr.A.U. Chauhan, learned advocate waive the service of notice of admission on behalf of the respondent No.3 and Mr.M.A. Kharadi, learned advocate waive the MCA/2192/2007 2/4 JUDGMENT service of notice of admission on behalf of the respondent No.4. 2. With the consent of the learned advocate appearing on behalf of the respective parties, the petition is taken up for final hearing today. 3. By way of this petition under sec.24 of the Code of Civil Procedure, the petitioner – original appellant – Insurance Company – defendant No.2 of Motor Accident Claim Petition No. 652 of 1997, has prayed for appropriate order to transfer Motor Accident Claim Petition No. 652 of 1997 from Motor Accident Claim Tribunal, Nadiad to Motor Accident Claim Tribunal, Kalol submitting that for the same accident and the cause of action, two claim petitions have been filed in two different tribunals. It is submitted that Motor Accident Claim Petition No. 652 of 1997 is filed by the husband of the deceased in the Motor Accident Claim Tribunal, Nadiad and the parents of the deceased have filed Motor Accident Claim Petition No. 1036 of 2004 before the Motor Accident Claim Tribunal, Kalol. It is submitted that Motor Accident Claim Petition No. 1036 of 2004 is filed in prior point of time. MCA/2192/2007 3/4 JUDGMENT 4. Mr.Asif Shaikh, learned advocate apparing for Mr.M.A. Kharadi, learned advocate appearing on behalf of the respondent No.4 – husband has submitted that he has no objections if the proceedings are transferred from Motor Accident Claim Tribunal, Nadiad to Motor Accident Claim Tribunal, Kalol. 5. Having heard the learned advocate appearing on behalf of the resepctive parties and in the facts and circumstances of the case and considering the fact that there are two claim petitions arising out of one accident and cause of actions and the Motor Accident Claim Petition No. pending in the Motor Accident Claim Tribunal, Kalol is prior in time and considering the fact that learned advocate appearing on behalf of the original claimant of Motor Accident Claim Petition No. 652 of 1997 has no objection, the present application is allowed. It is hereby ordered to transfer Motor Accident Claim Petition No. 652 of 1997 from the Motor Accident Claim Tribunal, Nadiad to Motor Accident Claim Tribunal, Kalol and the said claim petition to be heard with Motor Accident Claim Petition No. 1036 of 2004. Rule is made absolute accordingly. MCA/2192/2007 4/4 JUDGMENT Interim relief granted earlier, if any, stands vacated forthwith. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik