MCA/1225/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1225 of 2008 With MISC.CIVIL APPLICATION - FOR TRANSFER No. 2047 of 2008 To MISC.CIVIL APPLICATION - FOR TRANSFER No. 2049 of 2008 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 ? ========================================================= KRUSHNABEN MAHENDRABHAI SHANKARLAL NOGIA - Applicant(s) Versus REGISTRAR & 5 - Opponent(s) ========================================================= Appearance : MR NM KAPADIA for Applicant(s) : 1, None for Opponent(s) : 1, MR GC MAZMUDAR for Opponent(s) : 2, 5, NOTICE UNSERVED for Opponent(s) : 3, NOTICE SERVED for Opponent(s) : 4, 6, ========================================================= MCA/1225/2008 2/4 JUDGMENT CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 22/07/2008 ORAL JUDGMENT 1. RULE. Mr.G.C. Majmudar, learned advocate waives the service of notice of rule on behalf of the respondent Nos.2 and 5, who are main contesting respondents, in each of the petitions. 2. With the consent of the learned advocate appearing on behalf of the respective parties, all these petitions are taken up for final hearing today. 3. The respective petitioners herein – original claimants have filed Motor Accident Claim Petition Nos.376, 377, 378 and 379 of 2006 in the Motor Accident Claims Tribunal, Kutch-Bhuj and by way of these petitions under sec.24 of the Code of Civil Procedure, they have prayed to transfer the aforesaid claim petitions to Motor Accident Claims Tribunal at Ahmedabad Rural by submitting that all the claimants are residing at Ahmedabad and at the relevant time, the petitioner of Misc.Civil Application No.1225 of 2008 was residing at Kutch-Bhuj at her in- MCA/1225/2008 3/4 JUDGMENT laws, but after the death of her husband named Mahendrabhai Shankarlal Nogia, a dispute arose and she is compelled to stay at Ahmedabad. It is submitted that it is not possible for the petitioners to attend the proceedings at Bhuj on every date of adjournment. It is submitted that so far as the respondent Nos.2 and 5 – Insurance Companies, who are main contesting parties, are having their offices at Ahmedabad and therefore, no hardship would be caused to them. Mr.Majmudar, learned advocate appearing on behalf of the respondent Nos.2 and 5 has submitted that if an appropriate order is passed, he would have no objection. Considering the above, and when the petitioners - original claimants are residing at Ahmedabad and considering the provisions of the Motor Vehicles Act which provides that the claim petitions can be filed by the claimants in the Motor Accident Claims Tribunal within whose jurisdiction the claimants are residing and considering the broad consensus between the learned advocate appearing on behalf of the respective parties, all these petitions are required to be allowed by directing to transfer the aforesaid Motor Accident Claim Petitions from Motor Accident Claims Tribunal, Kutch-Bhuj to Motor Accident MCA/1225/2008 4/4 JUDGMENT Claims Tribunal, Ahmedabad Rural. 4. For the reasons stated above, all the petitions succeed. It is ordered to transfer Motor Accident Claim Petition Nos.376, 377, 378 and 379 of 2006 from Motor Accident Claims Tribunal, Kutch-Bhuj to Motor Accident Claims Tribunal, Ahmedabad Rural. Rule is made absolute accordingly in each of the petitions. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik