SONA DEVI Vs. JAGDISH

JUDGEMENT

(1.) THIS is a petition under Section 24 of the Code of Civil Procedure for the transfer of claim petition under Section 166 of the Motor Vehicles Act, 1988 pending with Motor Accidents Claims Tribunal at Jind presided over by Mr. K. K. Doda. The facts of the case are: On 23. 3. 1990 an accident took place on Kathal-Jind Road in the area of District Jind. Sona Devi being widow and four minor sons of deceased Balak Ram filed a claim petition at Jind on 22-7-8990. After effecting service on the respondents, filing of the written statement and framing of the issues, in due course, proceedings were fixed for 29. 7. 1991 for evidence of the claimants. The claimants filed this petition in this court on 5. 3. 1991 and after due service of the respondents, now the matter is before me for final disposal.

(2.) LEARNED counsel for the petitioners has argued that the claimant Sona Devi alongwith other minor claimants who are her sons, are residing at Shahbad town in District Kurukshetra. Similarly, respondents other than the insurance company are also residents of Shahbad Township, District Kurukshetra. In view of these facts, he has argued that the proceedings at Kurukshetra would be most convenient to both the parties. He has further stated that District Courts at Kurukshetra are hardly 25 km. from Shahbad connected with G. T. Road whereas District Courts at Jind are more than 100 km. away from Shahbad, and very rare direct bus service is available. The claimant being a poor widow, she shall have to undergo physical difficulties as well as monetary loss in prosecuting the proceedings at Jind.

(3.) ON the other hand, learned counsel for the respondents had raised threefold points. Firstly, that the proceedings initiated by the petitioner at Jind which are fixed for evidence should not be transferred at this belated stage. Secondly, no extraordinary strong case for transfer is made out and his client shall have to pay fees to another lawyer at Kurukshetra. Thirdly, provisions of Section 24 of the Code of Civil Procedure cannot be employed to entertain the present transfer petition pertaining to proceedings before a Motor Accidents Claims Tribunal.