IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.176 of 2006 BRANCH MANAGER, NATIONAL INSUR Versus KAMLAWATI DEVI & ORS With MA No.170 of 2006 KAMLAWATI DEVI & ORS Versus RAJESH KUMAR ----------- 13. 10.2.2009 Miscellaneous Appeal No. 170 of 2006 has been filed by the claimant against the order passed in Claim Case No. 36/98 /6 /2005 dated 25.1.2006 whereas the Insurance company has filed Miscellaneous Appeal No. 176 of 2006 against the same order. The claim case has been decided by the Additional District Judge, Fast Track Court, III cum-Motor Vehicle Accident Claim Tribunal, Saran , Chapra. This Court has decided in the case of Oriental Insurance Company Ltd. Vs. Firangi Ram and Ors. reported in 2008(1) PLJR 280 that the Fast Track Court is not authorized to hear claim cases as the Government by notification has to especially designated the Judge who would be empowered to hear matters relating to claims under the Motor Vehicles Act. In view of the judgment aforesaid I remand this matter back to the District Judge, Saran at Chapra to post this case for hearing before the Court of the Motor Vehicles Accident Claim Tribunal as notified by the State Government. Once the case is transferred to the Claims Tribunal, the matter should be taken up and heard expeditiously. Most of the Exhibits are already on record and the witnesses - 2 - have also been examined. So unless the parties wish to re-examine the witnesses it could not be necessary for the Court to call for further witnesses rather the Court can directly hear the arguments of the parties. As the parties wish to get the matter decided at the earliest, the Court may do so and dispose of the matter within a period of three to four months. I direct that the parties should suo motu appear with a copy of this order before the Tribunal within a period of three weeks. The appeals are disposed of with the aforesaid observations. P. Kumar (Sheema Ali Khan, J.)