RAJAT MOHAN VERMA Vs. AWADH BIHARI SINGH

JUDGEMENT

(1.) This is an application under section 24 of the Code of Civil Procedure for transfer of the motor accident claim proceedings pending between the parties in the Court of IXth Additional Motor Accidents Claims Tribunal, Bhopal.

(2.) Mr. Ajay Mishra, learned counsel appearing for the applicant submits that following facts and circumstances which arose during pendency of the proceedings give rise to a reasonable apprehension in the mind of the present applicant, who is alleged to be the owner of the vehicle at the relevant time, that he would not get a fair and impartial decision in the case.

(3.) In the claim for accident filed by the claimants, an application for grant of interim compensation was made. The present applicant took a plea that prior to the date of accident he had transferred the vehicle involved to one Rakesh Sharma and the name of transferee was also duly recorded by R.T.O., Bhopal in his records. The present applicant submitted photocopy of the transfer certificate issued by the competent transport authority and produced the original at the time of consi deration of the application for interim compensation. It is submitted that deliberately ignoring the above certificate in original, the Tribunal in its order dated 7.5.1997 passed an award of interim compensation against the applicant stating therein that the photocopy of the transfer certificate contains overwriting and the original was not produced.