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$-47to 55 HIGH COURT OF DELHI
CM(M)153/2016&CM Nos.5682-5683/2016
ROYAL SUNDARAM ALLIANCEINSURANCE CO LTD Petitioner
CM(M)153/2016&CM Nos.5682-5683/2016
ROYAL SUNDARAM ALLIANCEINSURANCE CO LTD Petitioner
VERSUS
VIJENDERI& ORS Respondent
CM(M)154/2016 & CMNos.5688-5689/2016
VERSUS
ANIL KUMAR & ORS
CM(M)156/2016 & CM Nos.5715-5716/2016
ROYAL SUNDARAM ALLIANCEINSURANCE CO LTD..... Petitioner
ROYAL SUNDARAM ALLIANCEINSURANCE CO LTD..... Petitioner
VERSUS
SHERPAL & ORS
CM(M)157/2016&CM Nos.5717-5718/2016
VERSUS
RAJENDER & ORS
CM(M)158/2016&CM Nos.5719-5720/2016
2016:DHC:8614
2016:DHC:8614
VERSUS
PAWAN & ORS
CM(M)166/2016&CM Nos.5863-5864/2016
VERSUS
ASHOK SHARMA & ORS
CM(M)167/2016 &CM Nos.5865-5866/2016
VERSUS
RAJENDER & ORS
CM(M)168/2016 &CM Nos.5867-5868/2016
VERSUS
SHERPAL & ORS
CM(M)169/2016&CM Nos.5869-5870/2016
VERSUS
DHARAM VEER & ORS Presence: Mr. Pankaj Gupta, Adv. for Ms. Suman Bagga, Adv. for the petitioner
Ms. Shally Thakur,proxy for Mr. Anshuman Bal, Adv.for the respondent
Ms. Shally Thakur,proxy for Mr. Anshuman Bal, Adv.for the respondent
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
18.02.2016 Though the petitions at hand by the insurance company are directed against order dated 30.09.2015 rejecting its objection to the maintainability ofthe claim petitions pending before the Motor Accident Claims Tribunal -
02(SE)Saket, New Delhi on the ground of want ofterritorial jurisdiction, the learned counsel for the petitioner submits that the revised request for transfer ofthe claim cases to the Motor Accident Claims Tribunal in North
East District at Karkardooma Courts where some other cormected claim petitions are already pending and some more have been transferred on similar petitions arising out ofthe same order ofthe Tribunal by order of this Court passed on 16.02.2016 may be allowed.
Issue notice to the claimants.
At this stage, Mr. Anshuman Bal, Advocate appears and accepts notice on behalfofthe claimants and submits that they have no objection to the prayer for transfer being granted on the same lines as was allowed in similar placed petitions granted on 16.02.2016. The order passed on
16.02.2016 in CM(M)Nos.28/2016,29/2016,31/2016 and 35/2016 reads as under:
H
"The learned counselfor claimantsfairly concedes thatsince the connected matters arepending before the motor accident claims tribunal of North East District ofDelhi at Karkardooma Courts complex, the shortprayer on behalfofpetitioner noted in the order dated 15.01.2016for the matters at hand to be transferredfrom the board ofthe tribunal atSaket Courts complex to the board ofmotor accident claims tribunal, North East District, Karkardooma Courts complex may be allowed.
The court is informed that there are two tribunalsfunctioning at North East District, Karkardooma Courts. In this view, the petition is allowed. The claim cases of the respondent pending before motor accident claims tribunal Saket Courts complex New Delhi, bearing nos.354/2014, 358/2014, 361/2014 & 362/2014 are withdrawnfrom thefile ofthe said tribunal and made over to the tribunal at North East District, Karkardooma Courts complexfor further inquiry in accordance with law.
The parties are directed to appear before the District &
Sessions Judge, North East District, Karkardooma Courts complex on or'April, 2016, whereupon he shall make over the claim cases hereby transferred to the appropriate tribunalforfurther inquiry in accordance with law alongside the connected matters already pending there.
The transferor tribunal shall send the file complete in all respects wellin time to the transferee tribunal."
The present petitions are also allowed in respect of claim case
Nos.355/2014, 11/2015, 29/2015, 356/2014, 14/2015, 12/2015, 357/2014, 30/2015 and 15/2015 with same directions as noted above.
K GA
FEBRUARY 18,2016 VLD
18.02.2016 Though the petitions at hand by the insurance company are directed against order dated 30.09.2015 rejecting its objection to the maintainability ofthe claim petitions pending before the Motor Accident Claims Tribunal -
02(SE)Saket, New Delhi on the ground of want ofterritorial jurisdiction, the learned counsel for the petitioner submits that the revised request for transfer ofthe claim cases to the Motor Accident Claims Tribunal in North
East District at Karkardooma Courts where some other cormected claim petitions are already pending and some more have been transferred on similar petitions arising out ofthe same order ofthe Tribunal by order of this Court passed on 16.02.2016 may be allowed.
Issue notice to the claimants.
At this stage, Mr. Anshuman Bal, Advocate appears and accepts notice on behalfofthe claimants and submits that they have no objection to the prayer for transfer being granted on the same lines as was allowed in similar placed petitions granted on 16.02.2016. The order passed on
16.02.2016 in CM(M)Nos.28/2016,29/2016,31/2016 and 35/2016 reads as under:
H
"The learned counselfor claimantsfairly concedes thatsince the connected matters arepending before the motor accident claims tribunal of North East District ofDelhi at Karkardooma Courts complex, the shortprayer on behalfofpetitioner noted in the order dated 15.01.2016for the matters at hand to be transferredfrom the board ofthe tribunal atSaket Courts complex to the board ofmotor accident claims tribunal, North East District, Karkardooma Courts complex may be allowed.
The court is informed that there are two tribunalsfunctioning at North East District, Karkardooma Courts. In this view, the petition is allowed. The claim cases of the respondent pending before motor accident claims tribunal Saket Courts complex New Delhi, bearing nos.354/2014, 358/2014, 361/2014 & 362/2014 are withdrawnfrom thefile ofthe said tribunal and made over to the tribunal at North East District, Karkardooma Courts complexfor further inquiry in accordance with law.
The parties are directed to appear before the District &
Sessions Judge, North East District, Karkardooma Courts complex on or'April, 2016, whereupon he shall make over the claim cases hereby transferred to the appropriate tribunalforfurther inquiry in accordance with law alongside the connected matters already pending there.
The transferor tribunal shall send the file complete in all respects wellin time to the transferee tribunal."
The present petitions are also allowed in respect of claim case
Nos.355/2014, 11/2015, 29/2015, 356/2014, 14/2015, 12/2015, 357/2014, 30/2015 and 15/2015 with same directions as noted above.
K GA
FEBRUARY 18,2016 VLD
JUDGMENT