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NATIONAL INSURANCE COMPANY LIMITED versus SH.R.K. SAINI & ORS

High Court of Punjab and Haryana, Chandigarh

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National Insurance Company Limited v. Sh.R.K. Saini & Ors - CM-16594-2005 [2006] RD-P&H 440 (31 January 2006)

CIVIL MISC.NO. 16594-CII of 2005 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CIVIL MISC.NO. 16594-CII of 2005

DATE OF DECISION: February 20, 2006

National Insurance Company Limited .........Petitioner versus

Sh.R.K. Saini and others ..........Respondent PRESENT:- Shri V.K. Kapur, Advocate for the petitioner.

Shri Arvind Kashyap, Advocate for respondents No.3 and 4

Shri Sunil Panwar, Advocate for respondents No. 7 to 10 HEMANT GUPTA, J.

In a motor vehicle accident occurred on 29.03.2004, Surinder Kumar and Bimla died whereas one Ritu suffered injuries. The legal heirs of Surinder Kumar as well as Ritu filed petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred as "the Act") before the Motor Accident Claims Tribunal, Ambala, for claiming compensation on account of death of Surinder Kumar as well as for the injuries suffered by Ritu. However, the legal heirs of Smt. Bimla filed a petition under section 166 of the Act at Ambala and a petition under section 163-A of the Act at Chandigarh. The petitioner Insurance Company has sought transfer of the claim petition pending at Ambala to the competent Tribunal at Chandigarh to avoid contradictory judgments.

CIVIL MISC.NO. 16594-CII of 2005 [2]

Though learned counsel for Pawan Kumar, legal heir of Smt. Bimla deceased, has submitted that he has not filed any claim petition under section 166 of the Act at Ambala but, keeping in view the fact that two petitions admittedly arising out of the same accident are pending at Ambala, it will be expedient if claim petition filed by respondents No.3 and 4, pending in the court of Motor Accident Claims Tribunal, Chandigarh, is transferred to the court of Motor Accident Claims Tribunal, Ambala, for adjudication along with other claim petitions arising out of the same accident. It is for the Tribunal adjudicating the claim petition to decide whether Pawan Kumar has not filed petition under section 166 of the Act as stated by his counsel.

Consequently, the claim petition titled Pawan Kumar and another vs. Sukhdev Singh and others, pending in the court of Shri R.S.

Baswana, Motor Accident Claims Tribunal, Chandigarh, is transferred to the court of Shri R.K. Saini, Motor Accident Claims Tribunal, Ambala. The parties are directed to appear before the transferee court on 6.3.2006. The Tribunal at Chandigarh shall send the records of the case to the transferee Tribunal forthwith.

The petition stands disposed of accordingly.

FEBRUARY 20, 2006 ( HEMANT GUPTA )

ks JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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