Royal Sundaram Alliance Insurance Co Ltd v. Sherpal & ORS
$-43,44 & *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 147/2016 & CM Nos.5540-5541/2016 ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Petitioner Through Mr. Brijesh Bagga and Mr. Pankaj Gupta, Advs.
versus SHERPAL & ORS Respondent Through Mr. Anshuman Bal, Adv. for claimants + CM(M) 148/2016 & CM Nos.5542-5543/2016 ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Petitioner Through Mr. Brijesh Bagga and Mr. Pankaj Gupta, Advs.
versus RAMWATI & ORS Respondent Through Mr. Anshuman Bal, Adv. for claimants + CM(M) 149/2016 & CM Nos.5544-5545/2016 ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Petitioner Through Mr. Brijesh Bagga and Mr. Pankaj Gupta, Advs.
versus URMILA & ORS Respondent Through Mr. Anshuman Bal, Adv. for claimants By:AMULYA
CORAM:
HON'BLE MR.
JUSTICE R.K.GAUBA
ORDER
% 17.02.2016 Though the petitions at hand by the insurance company are directed against order dated 30.09.2015 rejecting its objection to the maintainability of the claim petitions pending before the Motor Accident Claims Tribunal - 02 (SE) Saket, New Delhi on the ground of want of territorial jurisdiction, the learned counsel for the petitioner submits that the revised request for transfer of the claim cases to the Motor Accident Claims Tribunal in North East District at Karkardooma Courts where some other connected claim petitions are already pending and some more have been transferred on similar petitions arising out of the same order of the 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 behalf of the 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;
"The learned counsel for claimants fairly concedes that since the connected matters are pending before the motor accident claims tribunal of North East District of Delhi at Karkardooma Courts complex, the short prayer on behalf of petitioner noted in the order dated 15.01.2016 for the matters at hand to be transferred from the board of the tribunal at Saket Courts complex to the board of motor accident claims tribunal, North East District, Karkardooma Courts
complex may be allowed.
The court is informed that there are two tribunals functioning 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 withdrawn from the file of the said tribunal and made over to the tribunal at North East District, Karkardooma Courts complex for further inquiry in accordance with law.
The parties are directed to appear before the District & Sessions Judge, North East District, Karkardooma Courts complex on OT' April, 2016, whereupon he shall make over the claim cases hereby transferred to the appropriate tribunal for further inquiry in accordance with law alongside the connected matters already pending there.
The transferor tribunal shall send the file complete in all respects well in time to the transferee tribunal. " The present petitions are also allowed in respect of claim case Nos.31/2015, 360/2014 and 13/2015 with same directions as noted above. R.K.GAOBA,J FEBRUARY 17, 2016 VLD