Narkuti Kanthamma, v. M/S. Ranga Raya Auto Agency

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Tr.C.M.P.No.477 of 2015 ORDER:

This petition is filed to transfer O.P.No.496 of 2011 from the file of Motor Accident Claims Tribunal-cum-District Judge, Ranga Reddy District at L.B.Nagar to the Court of Motor Accident Claims Tribunal (District Judge) at Warangal to try along with O.P.No.800 of 2011 which is pending on the file of said Court.

The case of the petitioner is that petitioner and her husband filed O.P.No.800 of 2011 on the file of Motor Accident Claims Tribunal (District Judge), Warangal claiming compensation of Rs.6,00,000/- along with interest and respondents 3 to 7 are made parties, who are wife and children of their deceased son. During pendency of said O.P., 1st petitioner's husband died and as such, her son the petitioner No.3 being the legal heir is brought on record. Later they came to know that respondents 3 to 7 filed O.P.No.496 of 2011 on the file of Motor Accident Claims Tribunal, Ranga Reddy District at L.B.Nagar claiming compensation without making petitioners as parties and both claim petitions are to be tried together.

It is stated that accident took place within the jurisdiction of Motor Accident Claims Tribunal, Warangal and it is stated that both petitions should be tried together.

Though notice is ordered and served, no counter affidavit is filed and there is no appearance on behalf of the respondents. Learned counsel for the petitioners submits that the petitioners have produced all the evidence in support of their claim and it is proper and appropriate that claim petition filed by the respondents is transferred to Motor Accident Claims Tribunal, Warangal to be tried along with O.P.No.800 of 2011

filed by the petitioners.

In view of the facts and circumstances stated in the affidavit filed in support of the petition and since the same are uncontroverted by filing any counter, I deem it proper to allow the transfer CMP. Accordingly, the Transfer CMP is allowed and O.P.No.496 of 2011 is withdrawn from the file of Motor Accident Claims Tribunal-cum-District Judge, Ranga Reddy District at L.B.Nagar and transferred to the Court of Motor Accident Claims Tribunal (District Judge) at Warangal to be tried along with O.P.No.800 of 2011 which is pending on the file of said Court. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 05-11-2015 Nvl