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THE NATIONAL INSURANCE CO. LTD. versus SMT. SANNO BEGUM & OTHERS

High Court of Judicature at Allahabad

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The National Insurance Co. Ltd. v. Smt. Sanno Begum & Others - TRANSFER APPLICATION (CIVIL) No. 227 of 2006 [2006] RD-AH 12332 (26 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the applicant-petitioner.

Two motor accident claim petitions with regard to the same accident and same claim of the petitioner being Petition Nos.  328 of 2004 (Annexure No. 1) and 947 of 2005 (Annexure No. 2) have been filed respectively in the District of Aligarh and Kanpur simultaneously by the petitioner. Obviously, only one of the claim petitions has to be entertained for award, if any. Two petitions with same cause of action would never be permitted to remain pending and disposed of resulting into double awards, which in law is wholly untenable. Therefore, the prayer of transfer of one petition to the District where the other petition is pending is not effective remedy in the present case. The petitioner - National Insurance Company Ltd. may move either of the aforesaid two courts for dismissing the petition pending before it on the aforesaid ground itself and in case the ground is found fully substantiated, suitable orders in accordance with law may be obtained by the petitioner. This transfer petition is wholly redundant and is dismissed.

26.07.2006

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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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