2000 JTR(SC) 843
2001 AIR(SCW) 4829 ; 2001 AIR(SCW) 482902 ; 2000 9 SCC 403 ; 2001 SCC(Cri) 408 ; 2000 KHC 4151
SUPREME COURT OF INDIA
S.P.Bharucha : Shivaraj V.Patil
Mohan Singh
Versus
Saheb Singh
Case No. : 622 of 1999
Date of Decision : 4/24/00
A motor accident claim petition may be transferred to the jurisdiction where the claimant resides and evidence is available, provided the amended statutory provisions permit filing at the place of the claimant's residence.
Act
Referred
:CIVIL PROCEDURE CODE
: S.25
(A) Motor Vehicles Act (Amended) - Transfer of claim petition - Residence of claimant - Where the claimant resides and the majority of evidence is located, and the amended statutory provisions allow filing at the place of the claimant's residence, it is just and proper to transfer the case. (Para 2)
Facts of the case:
The petitioner sought the transfer of a motor accident claim petition from one tribunal to another, stating that the claimant resides in a particular city and most of the evidence is available there. The insurance company did not oppose the transfer, although it also cited the same amended statutory provision.
Findings of Court:
The court found it just and proper to allow the transfer given the claimant's residence and the location of the evidence, in accordance with the amended provision of the statute.
Issues: Whether the claim petition should be transferred to the jurisdiction where the claimant resides and the evidence is located.
Ratio Decidendi: The court held that since the amended provision of the statute permits a claim to be filed where the claimant resides, the transfer of proceedings to such jurisdiction is appropriate when the claimant's residence and the evidence are situated there.
Result: Transfer petition allowed.
Facts of the case:
The petitioner sought the transfer of a motor accident claim petition from one tribunal to another, stating that the claimant resides in a particular city and most of the evidence is available there. The insurance company did not oppose the transfer, although it also cited the same amended statutory provision.
Findings of Court:
The court found it just and proper to allow the transfer given the claimant's residence and the location of the evidence, in accordance with the amended provision of the statute.
Issues: Whether the claim petition should be transferred to the jurisdiction where the claimant resides and the evidence is located.
Ratio Decidendi: The court held that since the amended provision of the statute permits a claim to be filed where the claimant resides, the transfer of proceedings to such jurisdiction is appropriate when the claimant's residence and the evidence are situated there.
Result: Transfer petition allowed.
S.P.BHARUCHA, J.
(1) THIS is a transfer petition in respect of a motor accident claim.
(2) THE case of the petitioner is that he resides in Delhi, most of the evidence is in Delhi and the amended provision of the Statute now permits a claim to be filed where the claimant resides. There is no opposition to the transfer petition except that the insurance company has also referred to the same amended provision. We think that, in the circumstances, it is just and proper that the transfer petition be allowed.
(3) THE transfer petition is allowed accordingly. The claim petition No. 399/94 pending before the Motor Accident Claim Tribunal, Muzaffamagar shall stand transferred to the Motor Accident Claim Tribunal, New Delhi.
(4) NO order as to costs.