Allowed

The Oriental Insurance Co. Ltd. v. Smt. Kiran Devi W/O Late Shri Giriraj Prasad Khatik

Rajasthan HC4 May 2022CTA/42/2020

Case brief

AI extract

What is this about?

The High Court allowed a transfer application by Oriental Insurance Co. Ltd. to move claim case No. 620/2017 to MACT & ADJ No. 4, Jaipur. The transfer ensures all claims from the same motor accident incident are adjudicated in a single tribunal.

What did the court decide?

Transfer of claim case No. 620/2017 to MACT & ADJ No. 4, Jaipur and disposal of stay application.

The Oriental Insurance Co. Ltd. Vs Smt… — Civil Procedure and Limitation | Rajasthan HC (2022)

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(1 of 3)

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[CTA-42/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 42/2020

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The Oriental Insurance Co. Ltd., Through Its Manager, Regional Office- Anand Bhawan, Sansar Chandra Road, Jaipur. (Ins. Co. Car No. Rj-14-Ud-9758) Policy No. 215700/31/2017/36490). Validity Date- 01.08.2016 To 31.07.2017)

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----Petitioner

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Versus

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Smt. Kiran Devi W/o Late Shri Giriraj Prasad Khatik, Aged About 40 Years, R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Ku. Monika D/o Late Shri Giriraj Prasad Khatik, Aged About 17 Years, Minor Through Her Natural Guardian/mother Smt. Kiran Devi W/o Shri Giriraj Prasad Khatik), R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Ku. Kalpana D/o Late Shri Giriraj Prasad Khatik, Aged About 15 Years, Minor Through Her Natural Guardian/mother Smt. Kiran Devi W/o Shri Giriraj Prasad Khatik), R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Nitin Kumar S/o Late Shri Giriraj Prasad Khatik, Aged About 9 Years, Minor Through His Natural Guardian/mother Smt. Kiran Devi W/o Shri Giriraj Prasad Khatik), R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Sheoram Khatik S/o Late Shri Panchuram, Aged About 74 Years, R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Manphuli Devi W/o Shri Sheoram, Aged About 72 Years, R/o- Gram Tholai Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

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Ajay Mohammad S/o Fateh Mohammad, R/o - H-28, B, Tulsi Marg, Banipark, Jaipur (Driver Car No. Rj-14-Ud9758)

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Nalini Khatri W/o Ajay Mohammad, R/o - H- 28, B, Tulsi Marg, Near Chinkara Canteen, Banipark, Jaipur (Owner Car No. Rj-14-Ud-9758)

(2 of 3)

[CTA-42/2020]

----Respondents

For Petitioner(s) : Mr. S.K. Khandal For Respondent(s) : Mr. Santosh Kumar Soni

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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04/05/2022

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As per office report, the respondent No. 5 has expired. However, learned counsel for the applicant prays for the disposal of the present transfer application.

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The present transfer application has been preferred on behalf of the applicant- Oriental Insurance Co. Ltd., seeking transfer of the claim case No. 620/2017 titled as Smt. Kiran Devi & Ors. v. Ajay Mohammad & Ors. pending before the Court of Motor Accident Claims Tribunal (Essential Commodity Act) Jaipur Metropolitan, Jaipur to the Court of MACT & ADJ No. 4, Jaipur, Distt. Jaipur.

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Learned counsel for the applicant submits that the two other claim petitions i.e. claim case Nos. 146/2018 & 147/2018 arising out of the same FIR are pending consideration before the Court of MACT & ADJ No. 4, Jaipur, Distt. Jaipur and therefore, necessary orders may be passed to transfer the present claim case No. 620/2017 to the Court of MACT & ADJ No. 4, Jaipur, Distt. Jaipur.

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Having regard to the facts and circumstances of the case and the fact that the trial of all the claim petitions arising out of one incident should be adjudicated by one Claims Tribunal, therefore, the claim case No. 620/2017 is ordered to be transferred from the Motor Accident Claims Tribunal (Essential Commodity Act) Jaipur Metropolitan, Jaipur to the Court of MACT & ADJ No. 4, Jaipur,

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(3 of 3)

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[CTA-42/2020]

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Distt. Jaipur. The Court of Motor Accident Claims Tribunal (Essential Commodity Act) Jaipur Metropolitan, Jaipur is directed to transmit the entire record of the claim case No. 620/2017 to the Court of MACT & ADJ No. 4, Jaipur, Distt. Jaipur.

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The transfer application is allowed accordingly.

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The stay application also stands disposed of.

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Office is directed to send a copy of this order to the Court of Motor Accident Claims Tribunal (Essential Commodity Act) Jaipur Metropolitan, Jaipur as well as the Court of MACT & ADJ No. 4, Jaipur, Distt. Jaipur for necessary compliance.

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(MADAN GOPAL VYAS),J

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SAHIL SONI /07

The Oriental Insurance Co. Ltd. v. Smt. Kiran Devi W/O Late Shri Giriraj Prasad Khatik

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd. v. Smt. Kiran Devi W/O Late Shri Giriraj Prasad Khatik

Case brief

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What did the court decide?

What the court decided

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