NATIONAL INSURANCE CO LTD Vs. ISMAIL DAUDBHAI GHANCHI

JUDGEMENT

(1.) RULE . Mr.Nehal Joshi, learned advocate waive the service of notice of admission on behalf of the respondent Nos.1 and 2, Mr.A.U. Chauhan, learned advocate waive the service of notice of admission on behalf of the respondent No.3 and Mr.M.A. Kharadi, learned advocate waive the service of notice of admission on behalf of the respondent No.4.

(2.) WITH the consent of the learned advocate appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(3.) BY way of this petition under sec.24 of the Code of Civil Procedure, the petitioner original appellant Insurance Company defendant No.2 of Motor Accident Claim Petition No. 652 of 1997, has prayed for appropriate order to transfer Motor Accident Claim Petition No. 652 of 1997 from Motor Accident Claim Tribunal, Nadiad to Motor Accident Claim Tribunal, Kalol submitting that for the same accident and the cause of action, two claim petitions have been filed in two different tribunals. It is submitted that Motor Accident Claim Petition No. 652 of 1997 is filed by the husband of the deceased in the Motor Accident Claim Tribunal, Nadiad and the parents of the deceased have filed Motor Accident Claim Petition No. 1036 of 2004 before the Motor Accident Claim Tribunal, Kalol. It is submitted that Motor Accident Claim Petition No. 1036 of 2004 is filed in prior point of time.