NIRALIBEN SUNILBHAI SANANDIYA Vs. VINUBHAI JIKUBHAI SANANDIYA

JUDGEMENT

(1.) PRESENT application, under sec.24 of the Code of Civil Procedure, has been preferred by the applicant widow to transfer Motor Accident Claim Petition No.68 of 2010 pending before the Motor Accident Claims Tribunal, Bhavnagar, filed by the respondent Nos.1 and 2 herein parents of the deceased, to Motor Accident Claims Tribunal, Vadodara, to be heard along with Motor Accident Claim Petition No. 351 of 2010.

(2.) MR.Hiren Modi, learned advocate appearing on behalf of the applicant has submitted that even other four claim petitions being Motor Accident Claim Petition Nos.352 to 355 of 2010 arising out of the same unfortunate accident, are pending before Motor Accident Claims Tribunal, Vadodara and therefore, it would be just and proper to transfer Motor Accident Claim Petition No. 68 of 2010 pending before Motor Accident Claims Tribunal, Bhavnagar, filed by the respondent Nos.1 and 2 to Motor Accident Claims Tribunal, Vadodara. It is submitted that the applicant is the widow of the deceased and the respondent Nos.1 and 2, who have filed Motor Accident Claim Petition at Bhavnagar for the very accident, are the parents of the deceased husband of the applicant and in-laws of the applicant. Therefore, it is requested to transfer the Motor Accident Claim Petition No. 68 of 2010 pending before the Motor Accident Claims Tribunal, Bhavnagar to Motor Accident Claims Tribunal, Vadodara, so as to avoid contrary finding and conflicting judgement and awards.

(3.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the facts of the case and considering the fact that even otherwise Motor Accident Claim Petition No.351 of 2010 and other four claim petitions being Motor Accident Claim Petition Nos. 352 to 355 of 2010 arising out of the same accident, are pending before the Motor Accident Claims Tribunal, Vadodara, it would be just and proper to transfer Motor Accident Claim Petition No. 68 of 23010 pending before the Motor Accident Claims Tribunal, Bhavnagar to the Motor Accident Claims Tribunal, Vadodara to be heard along with the aforesaid Motor Accident Claim Petition Nos.351 of 2010 and other cognate claim petitions, so as to avoid contrary finding and conflicting judgement and awards.