Macp case (motor accident claim)

Gaurav Jain (Querist) 14 January 2023 This query is : Resolved
i have MACP case file in year 2008 in District court in Maharashtra. Same was disposed in 2021. Then Insurance company went into appeal in high court which is still not admitted or stayed and going on.
But meantime in i filed Civil application in high court for partial withdrawal of claim till time case is going on high court. Also still insurance company not deposited claim amount in Tribunal. Most probably this withdrawal application will be most likely to be allowed in next 2-3 month and i can do partial claim withdrawal.

My problem is that 13 years i filed case in district where i was residing and accident happened. Now i am shifted 400 KM away in another district in Maharashtra.
So Post high court order Can i file MACP darkhwast for withdrawal of partial claim amount as per high court order in district where i am residing which comes under same high court .

To make that happen does any additional application/ things i need to do in high court or district court where original case was filed?

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Quick Summary

This discussion addresses a Motor Accident Claim (MACp) case filed in Maharashtra in 2008, which was disposed of in 2021. The insurance company appealed to the High Court, and while that's ongoing, the claimant filed a civil application for partial withdrawal. The claimant has since moved 400km away and wants to know if they can file the withdrawal application in their new district court or if it must be done in the original district court where the case was decided. The advice given is to file the withdrawal application in the court where the case was originally decided, as the Claims Tribunal will implement any High Court directions.

Advocate Bhartesh goyal (Expert) 17 January 2023
No, you have to file Partial compensation withdrawl application in the court from where your case has been decided.

P. Venu (Expert) 18 January 2023
Once the High Court gives the directions, if any, it would be implemented by the Claims Tribunal which had adjudicated the claim.

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