RAJU DAS Vs. SUSHIL KUMAR DAS

JUDGEMENT

(1.) By this common order I propose to dispose of two civil revisions registered as Civil Revisions Nos. 173 and 174 of 1989.

(2.) On 7-5-88 there was a motor accident at Kamargaon in the District of Golaghat as a result of which both the petitioners sustained severe injuries causing permanent disablement. After the creation of the new revenue District of Golaghat no Motor Accidents Claims Tribunal was constituted for the said District which was earlier a part of the undivided Sibsagar District with Headquarter at Jorhat. The learned District Judge, Jorhat was empowered to exercise the powers of Motor Accidents Claims Tribunals who used to exercise powers for the undivided District of Sibsagar, As petitioners were not sure where to file the claim petitions, this Court was approached and by order dated 27-1-89 passed in Civil Revision No.40/89 this Court allowed the petitioners to file their petitions before the learned Member, Motor Accidents Claims Tribunal, Jorhat. Accordingly both the petitioners have filed their claim petitions and delay was also condoned.

(3.) By the present two petitions, petitioners have prayed that both the claim cases registered as MACT Cases Nos. 19 and 20 of 1989 by the learned Member, Motor Accidents Claims Tribunal, Jorhat may now be transferred to Nagaon for trial by the learned District Judge-cum-Motor Accidents Claims Tribunal, Nagaon. The number of the offering vehicle was ASN-6384 (Tata Truck). In the petition it has been stated that the petitioners, owner of the truck and the insurance company viz M/s. Oriental Insurance Company, Nagaon are from Nagaon and it would be convenient for the parties if both the claims petitions are transferred.