Hon’ble Anjani Kumar Mishra, J.—I have heard counsel for the parties in these transfer applications, which have all been filed seeking transfer of Motor Accident Claim Petitions.

2. The common question, which arises for consideration in these transfer applications is whether Section 24 of the Civil Procedure Code can be invoked for transfer of a Motor Accident Claim Petition pending before a Motor Accident Claims Tribunal. For the said purpose, the scheme of the Motor Vehicle Act and its relevant provisions need to be referred to.

3. A Motor Accident Claim Petition is filed before a Motor Accident Claims Tribunal, which is constituted by the State Government in accordance with the provisions contained in Section 165 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). This section empowers the State Government to constitute by notification, one or more motor accidents Claims Tribunals for the area specified in the notification, for adjudicating claims for compensation in respect of accidents involving death or bodily injury to persons arising out of the use of a motor vehicle or for damage to any property of a third party, so arising or both.

4. This section also provides the qualification of a person for his appointment as a Member of the Claims Tribunal.

5. Sub-section 4 of Section 165 states that where two or more Claims Tribunals are constituted for one area, the State Government can, by a special or general order, regulate the distribution of business among them.

6. In accordance with Section 166(2) of the Act, a claimant can file a claim petition before a Claims Tribunal.

(i) having jurisdiction over the area in which the accident occurred

or

(ii) Claims Tribunal within whose local limits the claimant resides or carries on business

or

(iii) within the local limits of whose jurisdiction the defendant resides.

7. Section 169 provides the procedure and powers of the Claims Tribunals constituted by the State Government by notification in exercise of powers conferred by Section 165. It provides that the Claims Tribunal may follow such summary procedure as it things fit, subject to the Rules that may be made for the purpose.

8. Sub-section 2 of Section 169 provides that the Claims Tribunal shall have all powers of a Civil Court for the purpose of taking evidence on oath, enforcing attendance of witnesses and for compelling discovery and production of documents and material objects.

9. It is also deemed to be a Civil Court for the purposes of Section 195 and Chapter 26 of the Code of Criminal Procedure, 1973.

10. Section 175 specifically bars the jurisdiction of Civil Courts for an area where a Claims Tribunal has been constituted by the State Government, under Section 165.

11. Section 176 confers the Rule making power upon the State Government. It also provides that Rules can be framed regarding the powers of a Civil Court, which may be exercised by a Claims Tribunal.

12. In exercise of the aforementioned rule making power, the U.P. Motor Vehicle Rules, 1998 have been framed. Rule 221 thereof, reads as follows :

“221. Code of Civil Procedure to apply in certain cases.—The following provisions of the First Schedule to the Code of Civil Procedure, 1908 shall so far as may be apply to proceedings before the Claims Tribunal, namely, Rules 9 to 13 and 15 to 30 of Order V; Order IX, Rules 3 to 10 of Order XIII, Rules 2 to 21 of Order XVI; Order XVII; and Rules 1 to 3 of Order XXIII.”

13. From a conjoint reading of the provisions noticed above, it emerges that the Motor Vehicle Act is a complete code in itself. It is also clear from a bare reading of Rule 221 that Section 24 of the Civil Procedure Code has no application to matters before the Motor Accident Claims Tribunal.

14. Section 24, Civil Procedure Code, which has been invoked in these transfer applications, confers a general power of transfer and withdrawal of a suit, appeal or proceeding upon the High Court or the District Judge, pending in any Court