TEHZEEB Vs. SAEED AHMAD

JUDGEMENT

(1.) The petitioner is the widow of late Farman Ahmad. She has preferred this petition, under Ses. 24 of CPC, to seek transfer of M.A.C.P. No. 132 / 2018, titled 'Saeed Ahamd and others Vs Uttarakhand Transport Corporation and others', pending in the court of learned District Judge / M.A.C.T., Dehradun to the court of learned District Judge / M.A.C.T., Haridwar.

(2.) The case of the petitioner is that her husband died in a road accident on 19/7/2018, while travelling by bus of the Uttarakhand Transport Corporation, bearing registration No. UK-07 PA / 1929. Consequently, the petitioner preferred a claim petition before the learned District Judge / M.A.C.T. Haridwar, where she was residing. The respondents 1 to 3 are her in-laws and brother-in-law; respondent No. 4, Uttarakhand Transport Corporation; and respondent No. 5, is the driver of the bus which caused the fatality of the petitioner's husband. The petitioner states that respondents 1 to 3 have also filed a claim petition to claim compensation for the demise of late Farman Ahmad. The said claim petition has been filed before the court of the M.A.C.T. / Additional District Judge VI, Dehradun, vide M.A.C.P. No. 132 / 2018, titled 'Saeed Ahmad Vs Uttarakhand Transport Corporation'.

(3.) The petitioner submits that even though the said claimants are resident of District Haridwar, they have preferred the claim petition before the Motor Accident Claims Tribunal at District Dehradun. The deceased was also the resident of District Haridwar at the same address, as furnished by respondents 1 to 3 in their claim petition. The petitioner, therefore, seeks transfer of the claim petition preferred by respondents 1 to 3 as aforesaid.