REKHA KUMARI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This petition has been made by the above named applicant under Section 24 of the Civil Procedure Code for transfer of Compensation Case No. 35 of 1993 from the Court of District Judge-cum-Motor Accidents Claims Tribunal, Hazaribagh, to that of the Judicial Commissioner-cum-M.A.C.T., Ranchi for expeditious and final disposal.

(2.) It is the case of the petitioner that on 29.10.1992 at about 10.00 p.m. the petitioner's husband along with his family members started for going to Biharsarif from Ranchi by a Maruti van. When they reached near Tilaiya Dam at about 2.00 a.m. on 30.10.1992 it met with an accident on collision with a truck which was coming from the opposite direction and as a result of the said accident four occupants of the said Maruti van, namely, the petitioner's husband, her father-in-law, mother-in-law and one of her brothers-in-law died on the spot and two minor children received serious multiple injuries. The petitioner then filed the above-mentioned compensation case before the Motor Accidents Claims Tribunal at Hazaribagh as the territorial jurisdiction lies with that Tribunal due to the site of the accident. But the petitioner being a permanent resident of Ranchi and being a helpless lady having come from a traditional family, she is now finding it difficult to prosecute with the case properly at Hazaribagh on the dates fixed by coming from Ranchi to Hazaribagh and as such a prayer has been made for transfer of the case from Hazaribagh to Ranchi Tribunal as mentioned above. Insurance company which is contesting the case has not come up with any objection although notices were served properly.

(3.) The grounds sought for the transfer are found to be valid and genuine and on humanitarian ground such transfer should have been allowed for giving facility to the petitioner. For the insurance company it is of little importance whether the case is proceeded either at Hazaribagh or at Ranchi because at both the places they have got their office. So on the facts and circumstances of the case petitioner is entitled to get relief as prayed for under Section 24 of the Civil Procedure Code.