National Insurance Company Limited vs R.K. Saini and Others

Hemant Gupta, J.—In a motor vehicle accident occurred on 29.3.2004, Surinder Kumar and B imladied whereas one Ritu suffered injuries.

The legal heirs of Surinder Kumar as well as Ritu filed petition u/s 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred as ""the Act"")

before the Motor Accident Claims Tribunal, Ambala, for claiming compensation on account of death of Surinder Kumar as well as for the injuries

suffered by Ritu. However, the legal heirs of Smt. Bimla filed a petition u/s 166 of the Act at Ambala and a petition u/s 163A of the Act at

Chandigarh. The petitioner Insurance Company has sought transfer of the claim petition pending at Ambala to the competent Tribunal at

Chandigarh to avoid contradictory judgments.

Though learned Counsel for Pawan Kumar, legal heir of Smt. Bimla deceased, has submitted that he has not filed any claim petition u/s 166 of

the Act at Ambala but, keeping in view the fact that two petitions admittedly arising out of the same accident are pending at Ambala, it will be

expedient if claim petition filed by respondent Nos. 3 and 4, pending in the Court of Motor Accident Claims Tribunal, Chandigarh, is transferred to

the Court of Motor Accident Claims Tribunal, Ambala, for adjudication along with other claim petitions arising out of the same accident. It is for

the Tribunal adjudicating the claim petition to decide whether Pawan Kumar has not filed petition u/s 166 of the Act as stated by his Counsel.

Consequently, the claim petition titled Pawan Kumar and Anr. v. Sukhdev Singh and Ors. pending in the Court of Mr. R.S. Baswana, Motor

Accident Claims Tribunal, Chandigarh, is transferred to the Court of Mr. R.K. Saini, Motor Accident Claims Tribunal, Ambala. The parties are

directed to appear before the Transfer Court on 6.3.2006. The Tribunal at Chandigarh shall send the records of the case to the Transferee

Tribunal forthwith.

The petition stands disposed of accordingly.