Hanif Ali And Another vs The New India Insurance Co. Ltd. Thru. ... on 10 September, 2025

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Allahabad High Court

Hanif Ali And Another vs The New India Insurance Co. Ltd. Thru. ... on 10 September, 2025

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:54741
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
TRANSFER APPLICATION (CIVIL) No. - 213 of 2025   
 
   Hanif Ali And Another    
 
  .....Applicant(s)   
 
 Versus  
 
   The New India Insurance Co. Ltd. Thru. Branch Manager, Branch Office Pushpendra Complex, And 2 Ors.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Dhananjai Kumar Tripathi   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Bhanu Prakash Dubey   
 
     
 
 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.

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.

(Pankaj Bhatia,J.) September 10, 2025 Praveen

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