RINAREKHA MAHANTA Vs. REGIA BEGUM

JUDGEMENT

(1.) Heard Mr. KK Mahanta, learned Senior counsel assisted by Mr. K Sinha, learned counsel for the petitioner, Mr. AR Agarwala, learned counsel for the respondents No. 1, 2 and 3, Mr. BK Purkayastha, learned counsel appearing on behalf of the respondent No. 5 and Mr. RC Paul, learned counsel for the respondent No. 4.

(2.) This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of a proceeding, MAC Case No. 2212/2014 pending in the court of learned Additional District and Sessions Judge No. 2, Kamrup (M) at Guwahati to the court of learned Member, Motor Accident Claims Tribunal (MACT) at Jorhat.

(3.) The son of the petitioner while driving a motor cycle met with an accident at Jorhat being hit by another motor cycle coming from the opposite direction driven by one Rasidur Rahman (since deceased). The son of the petitioner received grievous injuries and died on the spot and Rasidur Rahman, the driver of the offending vehicle, also died on the spot. The Jorhat police station registered Jorhat P.S. Case No. 1609/2014. The petitioner filed a claim petition before the learned Member, MACT, Jorhat which was registered as MAC Case No. 04/2015. The insurer of the offending vehicle, namely, National Insurance Company Limited and Oriental Insurance Company Limited were made parties. The said case is pending before the said learned Tribunal at Jorhat and the insurance companies had entered appearance and the matter is pending for filing written statement.