JUDGMENT AND ORDER :

1. Heard Mr. KK Mahanta, learned Senior counsel assisted by Mr. K Sinha, learned counsel for the petitioner, Mr. AR Agarwala, learned counsel for the respondents No. 1, 2 and 3, Mr. BK Purkayastha, learned counsel appearing on behalf of the respondent No. 5 and Mr. RC Paul, learned counsel for the respondent No. 4.

2. This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of a proceeding, MAC Case No. 2212/2014 pending in the court of learned Additional District & Sessions Judge No. 2, Kamrup (M) at Guwahati to the court of learned Member, Motor Accident Claims Tribunal (MACT) at Jorhat.

3. The son of the petitioner while driving a motor cycle met with an accident at Jorhat being hit by another motor cycle coming from the opposite direction driven by one Rasidur Rahman (since deceased). The son of the petitioner received grievous injuries and died on the spot and Rasidur Rahman, the driver of the offending vehicle, also died on the spot. The Jorhat police station registered Jorhat P.S. Case No. 1609/2014. The petitioner filed a claim petition before the learned Member, MACT, Jorhat which was registered as MAC Case No. 04/2015. The insurer of the offending vehicle, namely, National Insurance Company Limited and Oriental Insurance Company Limited were made parties. The said case is pending before the said learned Tribunal at Jorhat and the insurance companies had entered appearance and the matter is pending for filing written statement.

4. The petitioner received a notice from the court of learned Additional District & Sessions Judge No. 2, Kamrup (M) at Guwahati asking her to appear in MAC Case No. 2212/2014 and to file objection, if any. The said claim petition is preferred by the present respondents No. 1, 2 and 3 who are the legal heirs of Rasidur Rahman, the deceased driver of the offending motor cycle. By way of the said claim petition, the said respondents No. 1, 2 and 3 had claimed compensation for death of Rasidur Rahman who died in the same accident along with the son of the petitioner and the petitioner has been arrayed as one of the respondents in the said case bearing No. MAC Case No. 2212/2014.

5. The petitioner as per contention made in the present petition has prayed for transfer of the said MAC Case No. 2212/2014 from Guwahati to Jorhat as both the claim cases had arisen out of the same accident which occurred at Jorhat and as such the learned Member, MACT, Jorhat is the most appropriate tribunal to decide the claim of the respondents No. 1, 2 and 3. It is also submitted that the cause of action for filing the claim petition by the respondents No. 1, 2 and 3 arose at Jorhat and witnesses to the accident and all other material evidence are available at Jorhat and as such it would be more appropriate and convenient for the parties if both the pending claim petitions are decided by the said tribunal at Jorhat. It is also further contended that the trial of MAC Case No. 2212/2014 at Guwahati if allowed to continue, would result in inconvenience and hardship to the petitioner who is a permanent resident of Jorhat. The petitioner would face difficulties and hardship to defend the said case at Guwahati by bringing witnesses from Jorhat, the place of occurrence of the accident. For the said reason and for doing complete justice to the parties, MAC Case No. 2212/2014 and MAC Case No. 04/2015 be tried analogous before the tribunal at Jorhat.

6. The respondent No. 1 filed her affidavit objecting the prayer of the petitioner, both for her and on behalf of the respondents No. 2 and 3. It is submitted that two different claim petitions are filed by the legal heirs of the deceased persons for a single accident and both the cases were registered vide Jorhat P.S. Case No. 1495/2014 and 1609/2014 under Section 279/304(A) of the IPC and after enquiry/investigation the police has submitted final report. It is also stated that the petitioner has filed an independent claim petition i.

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