IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION No 1411 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE K.A.PUJ ========================================================= 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? ---------------------------------------------------------- KRISHNAKANT MANILAL SHAH Versus ARJUNSINGH CHARALIA ----------------------------------------------------------- Appearance: 1. Misc.Civil Application No. 1411 of 2000 MR JITENDRA MALKAN for Petitioner No. 1 UNSERVED-EXPIRED (R) for Respondent No. 1 RULE UNSERVED for Respondent No. 2 RULE SERVED for Respondent No. 3 ----------------------------------------------------------- CORAM : MR.JUSTICE K.A.PUJ Date of decision: 19/09/2002 ORAL JUDGEMENT Heard Mr. Jitendra Malkan, ld. advocate appearing for the applicant. The respondent No.1 has expired and his heirs are not brought on record and hence the present application is abated so far as the respondent No.1 is concerned. Respondent No.2 is not served till this date. Mr. Malkan therefore seeks permission to delete the respondent No.2 in the present proceedings. Accordingly the name of respondent No.2 is deleted. As far as the respondent No.3 is concerned the insurance company is duly served and yet no appearance is filed on behalf of respondent No.3. 2. The present Misc.Civil Application is filed seeking transfer of Motor Accident Claim Petition No.1044/94 from the court of Motor Accident Claims Tribunal, Godhra to Motor Accident Claims Tribunal, Vadodara. It has been mentioned in the memo of application that all the parties to this MACP are at and from Vadodara. It is further submitted that the claim petition is to be filed either at the place where the accident takes place or at the place where the petitioner is residing. The petitioner is residing at a place given at the cause title of the present application which is at Vadodara and he is in his old age and he is suffering from illness. It is not possible for him to go to Godhra every time when his case is fixed for hearing. It is also not convenient to the other witnesses because most of the witnesses are also from the place at and from Vadodara. If the claim petition is transferred from Godhra to Vadodara no prejudice would be caused to any of the parties. Mr. Malkan has therefore submitted that this court can pass an order transferring the claim petition. 3. I have considered the application moved by the present petitioner and I have also gone through the averments made in the said application. I have also considered the arguments canvassed by Mr. Malkan, ld. advocate for the petitioner. Though the respondent No.3 which is the main contesting party is duly served with the Rule issued by this Court no appearance has been filed nor any protest has been lodged against the transfer of the said petition from Godhra to Vadodara. In this view of the matter, I am of the view that no prejudice would be caused to any party if the claim petition is transferred from Godhra to Vadodara. I accordingly allow this application directing the Motor Accident Claims Tribunal, Godhra to transfer the M.A.C.Petition No. 1044 of 1994 along with its record and proceedings to M.A.C.T., Vadodara, forthwith. I further direct the Motor Accident Claims Tribunal, Vadodara, to proceed with the said claim petition after it is received from the M.A.C.T., Godhra and dispose it of as expeditiously as possible preferably within the period of 12 months from the date of receipt of the same MACT, Godhra. Rule is made absolute. 4. Subject to the above directions, this petition is accordingly disposed of with no order as to costs. rmr. [ K.A. Puj, J. ]