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Bombay High CourtMCAM/263/2015allowed

Smt. Rehanabi Tipu Sultan Mulla. v. Shri. Shamshad Israil Ansari And 7 ORS.,

2016-06-23Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION (MAIN) NO. 263 OF 2015 SMT. REHANABI TIPU SULTAN MULLA.

... Appellant

Versus

SHRI. SHAMSHAD ISRAIL ANSARI AND 7 ORS., ... Respondents Adv. Rishikesh Gawthankar for the appellant.

Coram:- C. V. BHADANG, J.

Date:- 23rd June, 2016 P.C.:

This is an application for transfer so as to bring the claims petition filed by the petitioner, who is the widow and the Claim petition filed by the respondent nos. 6 to 8, who are respectively the parents and a daughter of the deceased before the same Tribunal. Claim Petition no.2/2013 is filed by the petitioner which is pending before the Motor Accidents Claims Tribunal at Panaji while Claim Petition no.10/2013 is filed by the respondent nos. 6 to 8 herein, which is pending before the Motor Accidents Claims Tribunal at Margao. The learned counsel for the petitioner states that the claim petition no.2/2013 is part heard.

2. In this case none appears for the respondents, though served.

3. I find that, as the petitions arise out of the same accident, it would be appropriate that both these claim petitions are heard by the same

MCAM/263/2015 Tribunal. This would also ensure that there are no conflicting decisions in the matter. As such the following order is passed: Order:

The application is allowed. Claim petition no.10/2013 is hereby withdrawn from the file of the Motor Accidents Claims Tribunal at Margao and is transferred to the file of Motor Accidents Claims Tribunal at Panaji for disposal according to law, along with Claims Petition no.2/2013.

4. The application is disposed of in the aforesaid terms. C. V. BHADANG, J.

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