T.A. No.77 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ... T.A. No.77 of 2008 Date of Decision : 14.11.2008 Chaman Lal Sankhla .....Applicant Vs. Raghunath Singh and others ......Respondents ... CORUM : HON'BLE MR. JUSTICE RAJIVE BHALLA Present : Mr.Arvind Singh, Advocate for the applicant. Ms. Puneeta Sethi, Advocate for respondent no.3. ... RAJIVE BHALLA, J (Oral) Prayer in this application is for transfer of Motor Accident Claims Tribunal Case No.521 of 2004, titled as Chaman Lal Vs. Raghunath Singh, pending before the Motor Accident Claims Tribunal (hereinafter referred to as “MACT”) Hisar, to the MACT, Faridabad, on the grounds that the applicant has undergone a by pass surgery after he suffered a heart attack on 4.2.2006 and is medically incapable of travelling to Hisar. Counsel for the applicant submits that as per medical record appended with the application, the applicant, who is more than 60 years old underwent heart surgery after he suffered a heart attack on 4.2.2006. The applicant is under constant medical care and, therefore, cannot travel to Hisar, a distance of 200 kms. from Faridabad. It is further submitted that T.A. No.77 of 2008 2 after retirement,the applicant has settled at Faridabad and, therefore, the claim petition filed before the MACT, Hisar be transferred to the MACT, Faridabad. Despite service, respondents no.1 and 2 have not put in appearance. Counsel for respondent no.3, on the other hand, submits that distance alone cannot be a factor to transfer a claim petition. It is further submitted that the applicant filed the claim petition at Hisar and, therefore, cannot at this late stage, pray for transfer of his claim petition at Faridabad. I have heard learned counsel for the parties and perused the application, more particularly, the discharge summary appended as Annexure P-2. A perusal of the discharge summary discloses that the applicant suffers from an acute heart condition and from chronic renal failure. The applicant has undergone heart surgery and as submitted by counsel for the applicant is under constant daily medical care. Distance alone is insufficient to grant a prayer for transfer. If however, the applicant suffers from a serious medical condition that hampers his free movement and as a result his ability to travel, interest of justice would require that in such an eventuality, the case be transferred. The medical record appears to suggest that the applicant would encounter serious problems if he has to travel to Hisar, a distance of 200 kms. from Faridabad. Even otherwise, after the amendment of the Motor Vehicles Act, a claim petition may be filed at any place and not necessarily at the place of the accident. In view of what has been stated herein above, the transfer application is allowed. The MACT Case No.521 of 2004, titled as Chaman Lal V. Raghunath Singh etc. pending before the MACT, Hisar is transferred T.A. No.77 of 2008 3 to the MACT, Faridabad. The Presiding Officer, MACT, Hisar is directed to forthwith transmit the file of the aforementioned case to the Presiding Officer, MACT, Faridabad, who shall upon receipt of the case decide it expeditiously. Parties are directed to appear before the Presiding Officer, MACT, Faridabad, on 11.12.2008. 14.11.2008 ( RAJIVE BHALLA ) GS JUDGE