LAWS(BOM)-2002-4-95

PADMINBAI ASHOK YADLE Vs. MANNAN ISMAIL SHAIKH

Decided On April 05, 2002
PADMINBAI ASHOK YADLE Appellant
V/S
MANNAN ISMAIL SHAIKH Respondents

JUDGEMENT

(1.) THE learned A. G. P. appears and waives service for respondent No. 4 and supports the petition. Respondent Nos. 2 and 3 are served, but are absent. As per the Bailiffs report, respondent No. 1 resides with the respondent No. 2. He is in the employment of the respondent No. 2. Hence notice to him is dispensed with.

(2.) THIS petition is filed made by the heirs of Ashok Yedle, who died in a motor accident on 26-5-1994, for transfer of the petition bearing M. A. C. P. No. 157 of 1997 pending before the Motor Accident Claims Tribunal, (for short M. A. C. T.) Latur to the Motor Accident Claims Tribunal, Palghar, District Thane.

(3.) THE facts, in brief, can be stated thus: ashok Vithal Yedle, the husband of the petitioner No. 1 died in a motor accident which took place at Nalegaon, District Latur. The vehicle involved in the accident was a truck bearing No. MH-04-C-2577 belonging to respondent No. 2 and which was driven by his employee respondent No. 1 at the relevant time. The vehicle was insured with the United Insurance Company Ltd. (respondent No. 3 herein ).