DHOLI DEVI Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of MACP case No.478 of 2020 filed by respondent No.4 under Ss. 166 and 140 of Motor Vehicle Act, 1988, pending before the Motor Accidents Claims Tribunal, Kurukshetra to MACT, Kaithal, where MACP case No.8 of 2021 filed by the petitioners is already pending.

(2.) Learned counsel for the petitioners has argued that on account of untimely death of Rani Devi, daughter of the petitioners and wife of respondent No.4 Manjeet Singh, who died on 30/10/2020 in a motor vehicle accident in the area of Police Station Kalayat, Tehsil and District Kaithal. It is further submitted that respondent No.4 Manjeet Singh filed MACP case No.478 of 2020 at Kurukshetra, without impleading the petitioners, who are parents of deceased Rani Devi and the proceedings are going before MACT, Kurukshetra. It is also submitted that the petitioners being parents of deceased Rani Devi have also filed MACP case No.8 of 2021, in which respondent No.4 Manjeet Singh is arrayed as respondent No.4 and is appearing in the said proceedings.

(3.) Learned counsel has further submitted that the petitioners are senior citizens and the accident took place in the jurisdiction of Police Station Kalayat, Tehsil and District Kaithal. It is further submitted that since the question of negligence; question of assessment/quantum of compensation as well as apportionment qua the parents or the husband is to be decided, in order to avoid any divergent view by two different Tribunals, it will be in the interest of justice that both the cases are clubbed together and decided by one Tribunal.