MAKANBHAI PARSOTTAMBHAI SINDHA Vs. TULSIDAS MANUBHAI VASAVA

JUDGEMENT

(1.) AS common question of facts and law arises in this group of applications, they are being disposed of by this common order. Heard learned advocate appearing on behalf of the respective applicants and Mr. Vasant S. Shah, learned advocate appearing on behalf of the United India Insurance Company in each of the applications.

(2.) WITH the consent of the learned advocate appearing on behalf of the respective parties, the applications are taken up for final hearing today. All these applications are filed by the respective applicants under sec. 24 of the Code of Civil Procedure for appropriate order for transferring the respective Motor Accident Claim Petitions from Motor Accident Claims Tribunal, Baroda to Motor Accident Claims Tribunal, Bharuch.

(3.) ALL these applicants are original claimants who have filed Motor Accident Claim Petition Nos. 755 of 2003, 1631 of 2002, 1629 of 2002 and 1630 of 2002 before the Motor Accident Claims Tribunal, Vadodara claiming compensation under sec. 166 of the Motor Vehicles Act. It is the case on behalf of the respective applicants that all the applicants are permanent resident of Bharuch and at the relevant time, as the accident had taken place near Vadodara, all of them filed Claim Petitions before the tribunal at Vadodara. It is submitted that as per the amended Motor Vehicles Act, claimant can choose the tribunal of his choice and can file claim petition before the tribunal within whose jurisdiction the claimant resides. It is submitted that it is not possible for the applicants to attend the proceedings on each and every adjournment at Vadodara. It is submitted that the main contesting party - Insurance Company is having their office even at Bharuch and and therefore, no hardship would be caused to the Insurance Company. Submitting accordingly, it is requested to allow all these applications and transfer the claim petitions from Vadodara to Bharuch.