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National Insurance Company Limited Vs. R.K. Saini and ors. - Court Judgment

SooperKanoon Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inIV(2006)ACC57
AppellantNational Insurance Company Limited
RespondentR.K. Saini and ors.
Cases ReferredPawan Kumar and Anr. v. Sukhdev Singh and Ors.
Excerpt:
.....haryana urban(control of rent and eviction)act,1973[har.act no.11/1973] -- section 4(2)(b): [m.m. kumar, hemant gupta, ajay & kumar mittal, jj] determination of fair rent held, the fair rent of building under the section is to be determined on the basis of rent agreed between landlord and tenant preceding the date of application. in the absence of rent agreed between parties the basic rent is required to be determined on the basis of rent prevailing in locality for a similar building or rented land on the date of application. if on the date of filing of the application under section 4 of the act for determination of fair rent, the agreed rent was still in vogue thus, it has to be regarded as the basic rent and the same would be constituted as the basis for determining fair rent. thus,..........section 166 of the motor vehicles act, 1988 (hereinafter to be referred as 'the act') before the motor accident claims tribunal, ambala, for claiming compensation on account of death of surinder kumar as well as for the injuries suffered by ritu. however, the legal heirs of smt. bimla filed a petition under section 166 of the act at ambala and a petition under section 163a of the act at chandigarh. the petitioner insurance company has sought transfer of the claim petition pending at ambala to the competent tribunal at chandigarh to avoid contradictory judgments.2. though learned counsel for pawan kumar, legal heir of smt. bimla deceased, has submitted that he has not filed any claim petition under section 166 of the act at ambala but, keeping in view the fact that two petitions.....
Judgment:

Hemant Gupta, J.

1. In a motor vehicle accident occurred on 29.3.2004, Surinder Kumar and B imladied whereas one Ritu suffered injuries. The legal heirs of Surinder Kumar as well as Ritu filed petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred as 'the Act') before the Motor Accident Claims Tribunal, Ambala, for claiming compensation on account of death of Surinder Kumar as well as for the injuries suffered by Ritu. However, the legal heirs of Smt. Bimla filed a petition under Section 166 of the Act at Ambala and a petition under Section 163A of the Act at Chandigarh. The petitioner Insurance Company has sought transfer of the claim petition pending at Ambala to the competent Tribunal at Chandigarh to avoid contradictory judgments.

2. Though learned Counsel for Pawan Kumar, legal heir of Smt. Bimla deceased, has submitted that he has not filed any claim petition under Section 166 of the Act at Ambala but, keeping in view the fact that two petitions admittedly arising out of the same accident are pending at Ambala, it will be expedient if claim petition filed by respondent Nos. 3 and 4, pending in the Court of Motor Accident Claims Tribunal, Chandigarh, is transferred to the Court of Motor Accident Claims Tribunal, Ambala, for adjudication along with other claim petitions arising out of the same accident. It is for the Tribunal adjudicating the claim petition to decide whether Pawan Kumar has not filed petition under Section 166 of the Act as stated by his Counsel.

3. Consequently, the claim petition titled Pawan Kumar and Anr. v. Sukhdev Singh and Ors. pending in the Court of Mr. R.S. Baswana, Motor Accident Claims Tribunal, Chandigarh, is transferred to the Court of Mr. R.K. Saini, Motor Accident Claims Tribunal, Ambala. The parties are directed to appear before the Transfer Court on 6.3.2006. The Tribunal at Chandigarh shall send the records of the case to the Transferee Tribunal forthwith.

4. The petition stands disposed of accordingly.


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