LAWS(MPH)-1989-7-26

ORIENTAL INSURANCE COMPANY Vs. BIMLA DEVI

Decided On July 31, 1989
ORIENTAL INSURANCE COMPANY Appellant
V/S
BIMLA DEVI Respondents

JUDGEMENT

(1.) ORDER passed in this case shall also govern the disposal of connection M.C.C. Nos. 120/89, 121/89, 127/89, 134/89, 135/89, 136/89 and 137/89.

(2.) THE above referred applications have been filed for transfer of the claims cases pending in the Court of Motor Accidents claims Tribunal, Mandla to the Court of Motor Accident claims Tribunal, Jabalpur, on the ground of convenience of the parties, It is submitted by the counsel for the applicant that in the intervening night of 3rd & 4th February, 1988, Bus bearing registration No. MPO 7631, while carrying bus-lord marriage party of Jaggi Family of Ranjhi dived into the river Balai on its way to Bhilai from Jabalpur. Though the place of accident falls within the territorial jurisdiction of the Motor Accidents claims Tribunal, Mandla, it is stated that all the parties including witnesses etc. are residents of Jabalpur and in the interest of Justice the claim cases arising out of the said accident pending in the Court of Motor Accidents claims Tribunal Mandla be transferred to the Motor Accidents claims Tribunal, Jabalpur.

(3.) CONSEQUENTLY , for the reasons stated in Order dated 18-11-1988 passed by this Court in M.C.C. No. 544/88 (Oriental Insurance Co. Ltd., Jabalpur v. Smt. Shanti Bai and Ors. this application is also allowed and it is directed that the MACT Case No. 15,of 1988 pending in the court of Motor Accidents claims Tribunal, Mandla shall be transferred to that of Jabalpur, with a further direction to proceed with the claim cases expeditiously and decide the question of ex gratia compensation under Section 92-A of the Motor Vehicles Act, 1939 at the earliest opportunity. No order as lo costs.