Application for analogous hearing of two pending Motor Accident Claim cases was dismissed because one of the related matters had already been disposed of by a lower court, making transfer unnecessary.
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TRP(C) No.131 of 2012
12.11.2015 This is an application for analogous hearing of Misc. Case No.290/06 pending b
efore the court of the learned 1st M.A.C.T., Cuttack along with Misc. Case No.61/08 pending be
fore the M.A.C.T., Kalahandi.
Heard learned counsel for the petitioner and learned counsel for the opposite
party nos.2, 3 and 5.
Learned counsel for the petitioner submits that after the death of one Manguli
Pani, two claim applications were filed, one at Kalahandi and another at Cuttack. He further
submits that issues in both the cases are same and as such both the cases be heard analogously
Learned counsel for the opposite party nos.2, 3 and 5 files the certified copy
of the award dated 17.01.2013 passed in M.A.C. No.61/24 of 2008-12 by the learned Additional
District Judge-cum-IIIrd M.A.C.T., Dharamgarh in Court today. The same be kept on record. He s
ubmits that Raj Kumari Pani and others filed the aforesaid case against the owner and insurer
of the offending vehicle before the learned Additional District Judge-cum-IIIrd M.A.C.T., Dhar
amgarh, which has been disposed of 17.01.2013. Against the said award, the claimants have file
d MACA No.373/2015 before this Court, which is pending adjudication.
In view of the fact that one case has been disposed of, transfer of case does
not arise.
The petition is dismissed.
Dr.A.K.Rath,J
2
Petitioner
Opposite party no. 2
Opposite party no. 3
Opposite party no. 5
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court