Sughandha Babasaheb Shinde And Other v. Gangaram Ranuji Shinde And Other

2024:BHC-AUG:26386 1 mca132.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 MISC.CIVIL APPLICATION NO. 132 OF 2019 SUGHANDHA BABASAHEB SHINDE AND OTHER

VERSUS

GANGARAM RANUJI SHINDE AND OTHER ...

Advocate for Applicant : Mr. Mahesh P. Kale Advocate for Respondents No.1&2: Mr. B. S. Bhale Advocate for Respondents No.3&5 : Mr. Gaurav L. Deshpande ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22nd OCTOBER, 2024 PER COURT:

1.

Heard.

2.

The present application is filed by the wife and the minor children of the deceased seeking transfer of the motor accident claim petition filed by the parents of the deceased. 3.

The learned counsel for the applicants submits that the applicant wife along with the minor children has filed M.A.C.P. No.25 of 2015 before the learned Motor Accident Claims Tribunal, Gangakhed. The learned counsel submits that the parents of the deceased has also filed a separate petition bearing M.A.C.P. No.595 of 2015 before the learned Motor Accident Claims Tribunal, Aurangabad and that their interest would also be taken care of in the said petition. As such, the

2 mca132.2019 applicants seek transfer of the M.A.C.P. No.595 of 2015, filed by the parents of the deceased at Aurangabad.

4.

The learned counsel for respondents no.3 and 5 has strongly opposed to the present application.

5.

In view of the same and for the reasons stated in the application and, more particularly, that the widow and children, who are dependents; has filed the petition at their residence at Gangakhed, it is more appropriate that the petition filed by the parents of the deceased at Aurangabad shall stands transferred to the Gangakhed and both the petitions shall be decided together. In the event, the parents are unable to prosecute the claim petition before the Gangakhed court, the tribunal at Gangakhed would consider claim of the parents in the petition filed by the applicant wife by making them party in the petition filed by the applicants and the share, which is apportioned to the parents of the deceased be transmitted to the court at Aurangabad for dispersal to the parents of the deceased, on determination of the claim. 6.

The present Miscellaneous Civil Application is allowed in terms of prayer clause "B", with above observations. [ARUN R. PEDNEKER, J.] marathe