SUPREME COURT OF INDIA

Before:- S.P. Bharucha and Shivaraj V. Patil, JJ.

Transfer Petn. (Civil) No. 622 of 1999. D/d. 24.4.2000.

Mohan Singh - Appellant

Versus

Saheb Singh and others - Respondents

Civil Procedure Code, 1908, Section 25 - Motor Vehicles - Transfer of Case - Motor accident claim - Transfer of claim petition sought from Muzaffarnagar to Delhi on the ground that the claimant resides at Delhi - Most of evidence was at Delhi - Amended provision of the Act permit a claim to be filed where claimant resides - Transfer of claim petition from Muzaffanagar to Delhi allowed.

[Paras 2 and 3]

ORDER

This is a transfer petition in respect of a motor accident claim.

2. The case of the petitioner is that he resides in Delhi, most of the evidence is in Delhi and the amended provision of the Statute now permits a claim to be filed where the claimant resides. There is no opposition to the transfer petition except that the insurance company has also referred to the same amended provision. We think that, in the circumstances, it is just and proper that the transfer petition be allowed.

3. The transfer petition is allowed accordingly. The claim petition No. 399/94 pending before the Motor Accident Claim Tribunal, Muzaffarnagar shall stand transferred to the Motor Accident Claim Tribunal, New Delhi.

4. No order as to costs.

Order accordingly.