Hanif ali and Another v. The New India Insurance Co. Ltd. thru. Branch Manager, Branch Office Pushpendra Complex, and 2 Ors.
TACL/213/2025 · 2025-09-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162569 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CIVIL) No. - 213 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard Shri Dhananjai Kumar Tripathi, learned counsel for the applicants as well as Shri R.C. Mishra, Advocate holding brief of Shri Bhanu Prakash Dubey, learned counsel appearing for the respondent-Insurance company and perused the material available on record
2. The present application under Section 24 of C.P.C. has been preferred by the applicants, alleging that on 15.06.2023, some of the applicant, met with with an accident and died on the spot for which an F.I.R. was registered being F.I.R. No. 225 of 2023 at District Shravasti. It is stated that, however, a claim petition was filed before the MACT, Bahraich, under wrong legal advice, it is argued that for the accident which take place at District Shravasti, the jurisdiction of the MACT is conferred on MACT, Balrampur and, thus, the application was wrongly filed before the MACT, Bahraich, perhaps on the wrong legal advice.
3. Shri R.C. Mishra, who appears for the insurance company, very fairly states that, the jurisdiction of the claim petitions arising out of Shravasti lie before District Balrampur.
4. Considering the error committed coupled with the powers conferred upon this Court by virtue of Section 24(5) of the C.P.C., the proceedings of MACP Case No. 260/70/2023, is transferred from the MACT, Bahraich to MACT, Balrampur, which is the Court having proper jurisdiction, the file shall be transmitted forthwith by the MACT, Bahraich to MACT, Balrampur. Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : Bhanu Prakash Dubey Hanif Ali And Another .....Applicant(s) The New India Insurance Co. Ltd. Thru. Branch Manager, Branch Office Pushpendra Complex, And 2 Ors. .....Opposite Party(s)
5. The MACT, Balrampur shall make an endeavour to decide the claim expeditiously preferably within a period of one year.
6. Transfer application stands disposed of with the aforesaid observations. September 10, 2025 Praveen TACL No. 213 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench