1 mca54-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO.54 OF 2011 IN M.A.C. APPLICATION NO.1012 OF 1996 Smt Manjiri D. Chunekar & Ors. .. Applicants V/s. Mr. Hindurao R. Mulik .. Respondent ..... Mr. S.S. Bhide for the applicants. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the applicants. The applicants are the claimants in a claim petition filed under the Motor Vehicle Act, 1988. The claim petition is of the year 1996. The prayer is for transfer of the claim petition which is pending before the learned Principal District Judge. 2. An apprehension is expressed by the applicants that they may not get justice at the hands of the learned Judge who is seized of the matter. The summary of grounds on which the transfer is sought can 2 mca54-11 be made as under : (a) The record of the case was misplaced. However, no disciplinary action has been initiated against the concerned Sheristedar. (b) When the final arguments on the claim petition were being heard, the argument of the advocate for the applicants was repeatedly interrupted on technical grounds. (c) The learned Judge stated that he will consider the claim only up to a sum of Rs.50,00,000/- as per the original prayer in the claim petition. (d) Considering the long delay in disposal of the claim application and considering the views orally expressed by the learned Judge, the applicants feel unsafe at the hands of the learned Principal District Judge. 3 mca54-11 (e) In paragraph No.10 of the application, the applicants have stated that the present Chairman of the Motor Accident Claims Tribunal, Mumbai has a humane approach and hence, proceeding may be transfered to the said learned Judge. 4. The learned counsel appearing for the applicants states that the applicants have made an application for enhancement of claim. As the said application has been made, the learned Member of the Tribunal is bound to consider the case for enhancement in accordance with law. 5. Only on the basis of the alleged views expressed by the learned Member during the course of hearing of the final arguments, one cannot jump to the conclusion that the learned Judge has adopted erroneous approach. The learned Member of the Motor Accident Claims Tribunal is required to adopt a justice oriented and humane approach. The Motor Accident Claims Tribunal is not bound by the strict rules of evidence. Therefore, on the basis of the averments made in the application, it cannot be said that the learned Judge has 4 mca54-11 adopted hyper-technical approach or that the learned Judge lacks humane approach. It is obvious that the learned Judge is conscious of the fact that he is dealing with the claim petition filed on account of a fatal accident. The claim petition is pending from the year 1996. An application made by the applicants for enhancement of the claim amount is pending. As maximum Court fee has been paid, there is no impediment in allowing the said application and there is no impediment in considering whether the applicants have made out a case for grant of more of compensation than what is claimed in the original claim petition. 6. In the circumstances, it is not possible to accede to the prayer for transfer. Subject to what is observed above, application is rejected. JUDGE