RAJESWARI Vs. UNITED INDIA INSURANCE CO

JUDGEMENT

(1.) Petitioner filed M.O.P. 523 of 1982 on the file of the Additional Sub. Judge 11. Chengalpattu. Claiming compensation under S. 110-A of the Motor Vehicles Act. since her husband was killed in a motor accident that took Place it 7-30 Dm. on 13-7-1982. Near Kothari Chemicals in Ennore Express Road. When he was driving the van TN 7815. She claims that all the witnesses to be examined are in Madras and it would be extremely difficult for her to take all the. Witnesses to attend several hearings by Tribunal. Located in ChengalDattu and by transfer of the proceedings none of the Parties to the proceedings would be Prejudiced if the Tribunal at Madras is dircted to hear the matter, 5

(2.) On behalf of the first respondent Insurance Company. it is stated that by invoking S. 24. C. P. C the proceedings cannot be transferred and hence. This petition is not maintainable.

(3.) The Petition is filed by invoking S. 24 and S. 151. C.P.C. and during the course of the hearing learned counsel for the Petitioner sought for permission to include Art. 227 of the Constitution and. accordingly it has been granted.