PRAMOD SINHA Vs. SURESH SINGH CHAUHAN

JUDGEMENT

(1.) This transfer petition, filed under Sec. 25 of the Code of Civil Procedure Code, 1908, is at the instance of a defendant in a claim petition lodged before the Motor Accident Claims Tribunal (hereafter "MACT"), Farrukhabad at Fatehgarh, U.P., under Sec. 166 of the Motor Vehicles Act, 1988 (hereafter "the Act"). Incidentally, the petitioner happens to be the owner of the offending vehicle. He seeks transfer of the claim petition to the MACT, Darjeeling in the state of West Bengal.

(2.) This Court has heard learned counsel for the petitioner and perused the materials available on record.

(3.) The primary ground on which transfer has been sought is that the accident had taken place at Siliguri in the district of Darjeeling, West Bengal and, therefore, it would be expedient for the MACT at Darjeeling to decide the claim petition.