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2007 DIGILAW 542 (PNJ)

National Insuance Company Limtied v. Santosh

2007-03-20

PRITAM PAL

body2007
Judgment Pritam Pal, J. 1. Applicant-national Insurance Company Limited, has moved this application under Sec.24 read with Sec.151 of Code of Civil Procedure, for consolidation of Claim Petition No.166 dated september 22,2005, titled Smt. Santosh V/s. Harish and others and smt. Balwant Kaur and another V/s. Harish and others pending before the learned Motor Accident Claims, Tribunals, at Ambala and Karnal, respectively. 2. The contention of learned counsel for the applicant is that in a Motor Vehicular Accident, which had taken place on August 22,2005, one Dr. Avtar Singh, had died and, thereafter, Smt. Santosh, who claims herself to be the widow of said deceased Dr. Avtar Singh, has filed a claim petition under the Motor Vehicles Act, at Ambala, whereas other claim petition on account of death of said Dr. Avtar Singh, has also been filed by Smt. Balwant Kaur, claiming themselves to be widow and daughter (Jaspal Kaur) respectively of said Dr. Avtar Singh. 3. Since in both the claim petitions, two ladies are claiming themselves to be widows of said Dr. Avtar Singh, therefore, in the facts and circumstances, as stated above, it would be proper and appropriate, if both the claim petitions are decided by one and the same learned Tribunal. Accordingly, Claim Petition No.166 dated September 22,2005,tited Smt. Santosh V/s. Harish Kumar and others, pending at ambala, is ordered to be transferred at Karnal, where other claim petition filed by Smt. Balwant Kaur , widow and Jaspal Kaur, daughter of said Avtar Singh, is pending. Civil Misc. Application is,thus, allowed. 4. A copy of this order be sent to learned District Judge, ambala as well as to learned District Judge, Karnal, for taking appropriate steps to ensure that both the above said claim petitions, are tried and disposed of together by one and the same learned Motor accident Claims Tribunal, at Karnal. Necessary record be sent to learned district Judge, Karnal, after due notice to the opposite parties. A copy of this order be given dasti on usual payment to learned counsel for the applicant.