Royal Sundaram Alliance Ins Co Ltd v. Mahesh Chand & ORS

$~A-42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 107/2016 ROYAL SUNDARAM ALLIANCE INS CO LTD..... Petitioner Through Mr.Pankaj Gupta, Advocate for Ms.Suman Bagga, Advocate.

versus MAHESH CHAND & ORS ..... Respondents Through Mr.M.K.Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 21.09.2016 CM No. 34691/2016 (exemption) Exemption is allowed subject to all just exceptions. TR.P.(C.) 107/2016 and CM No. 34690/2016 (stay) 1.

By the present petition, the petitioner seeks transfer of the MACT Case No. 54/2015 titled as "Sh.Mahesh Chand & Anr. Vs. Sh.Rajeev & Ors." pending in the court of Ms.Madhu Jain, Judge MACT, Claims Tribunal, Saket Courts to be tried along with the other connected cases arising out of the same accident which are pending before the MACT North East District Karkardooma Courts.

2.

It is the contention of the petitioner that an accident took place in a bus due to leakage of gas from the gas cylinder and the bus caught fire and the fire spread in the bust. As a result, many passengers including the

deceased Sh.Govind Kumar suffered injuries/burns resulting in death. It is submitted that 18 cases were filed before the MACT, Claims Tribunal, Saket Courts out of which 16 cases have already been transferred to the concerned MACT North East District Karkardooma Courts. Reliance is placed on the order dated 16.02.2016 passed in CM(M) 28/2016 and connected matters. 3.

Learned counsel appearing for the claimants submits that he has no objection to the transfer.

4.

Accordingly, the petition is allowed and the claim petition being MACT Case No. 54/2015 titled as "Sh.Mahesh Chand & Anr. Vs. Sh.Rajeev & Ors." pending in the court of Ms.Madhu Jain, Judge MACT, Claims Tribunal, Saket Courts is transferred to the concerned court in the MACT North East District Karkardooma Courts.

JAYANT NATH, J SEPTEMBER 21, 2016 rb