TA No.497 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.497 of 2011 (O&M) Date of decision: 19.10.2011. Darshan Singh and another ....Applicants Versus Kamlesh Rani and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Maninderpreet Kaur, Advocate for Mr.SS Salar, Advocate for the applicants. Mr.Ashok Jindal, Advocate for respondent Nos. 1 and 2. None for the remaining respondents. ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure, has been filed by the applicants seeking transfer of the petition titled as ‘Ruman vs. Kamlesh Rani and another' from the Motor Accident Claims Tribunal (Fast Track Court), Hisar (for short 'the Tribunal') to the Court of competent jurisdiction at Bathinda. Learned counsel for the applicant contends that the accident took place on 17.1.2011 near Sangrur in which son of respondent Nos.1 and 2 died. Further contends that parents of the deceased filed a claim petition at Bathinda, whereas the widow filed a TA No.497 of 2011 (O&M) 2 separate claim petition at Hisar. The claim petition filed by the parents is prior in time. They are facing difficulty in going to Hisar for evidence on account of their poor health. Further contends that it is also difficult for the appellants to attend the court proceedings at both the places. Learned counsel for respondent Nos. 1 and 2 has also stated that he has no objection if both the cases are clubbed and tried together, as both arise out of the same accident. I have heard the learned counsel for the parties and perused the record. From the perusal of the case file, it emerges that respondent Nos. 1 and 2 are the old parents of the deceased. The same evidence is to be led in both the cases. The trial of two separate claim petition arising out of the same accident at two different places may result in to conflicting judicial opinion. The clubbing of both the claim petitions would expedite the conclusion of the trial. In view of the above, the instant transfer application is allowed and the petition bearing MACT No. 15 dated 10.6.2011, titled as 'Ruman vs. Kamlesh Rani and another’ is withdrawn from Motor Accident Claims Tribunal, Hisar, and is transferred to the Court of competent jurisdiction at Bathinda. The entire record pertaining to the said claim petition shall be sent by the Tribunal at Hisar to the learned District Judge, Bathinda, within two weeks from the date of receipt of a TA No.497 of 2011 (O&M) 3 copy of this judgment. The learned District Judge, Bathinda will entrust it to the same court, where MACT No.12 dated 11.6.2011 titled 'Kamlesh Rani vs. Darshan Singh is already pending. Both the claim petitions shall be disposed of simultaneously. The parties shall appear before the Court of learned District Judge, Bathinda, on 28.11.2011 at 10 AM. 19.10.2011 (JITENDRA CHAUHAN) gsv JUDGE