Back
2022 Supreme(MP) 775 ; 2022 Supreme(MP) 774
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Rajeev Kumar Shrivastava, J.
The New India Insurance Company Limited Through Branch Manager, Branch Office No.1, L.I.C. Building City Center, Gwalior (Madhya Pradesh) - Petitioner
Vs.
Balwant Kushwah S/o Late Shri Govindlal Kushwah - Respondent
Miscellaneous Civil Case No. 301 of 2021
Decided On : 02-08-2022
Advocate Appeared:
For the Appellant : Shri Arvind Kumar Agrawal Adv.
For the Respondent: Shri Vijay Sundaram, Shri Dinesh Baghel Adv.
The court has the authority to transfer claim cases pending before different Motor Accident Claims Tribunals to one tribunal for proper adjudication, considering the interest of justice and the residence of the parties involved.
Headnote:
Transfer - Motor Accident Claims Tribunal - The court ordered the transfer of claim cases pending before different Motor Accident Claims Tribunals to one tribunal for proper adjudication, considering the interest of justice and the residence of the deceased's wife.
Fact of the Case:
The petitioner, an Insurance Company, filed a petition under Section 24 r/w Section 151 of the Code of Civil Procedure to transfer claim cases pending before different Motor Accident Claims Tribunals to one tribunal.
Finding of the Court:
The court found that it was in the interest of justice to transfer the claim cases bearing No.249/2019 & 250/2019 pending before 17th Motor Accident Claims Tribunal, Gwalior, to the Court of 2nd Motor Accident Claims Tribunal, Karera District Shivpuri, considering the residence of the deceased's wife.
Issues: The main issue was the transfer of claim cases pending before different Motor Accident Claims Tribunals to one tribunal for proper adjudication.
Ratio Decidendi: The court considered the residence of the deceased's wife and the interest of justice in ordering the transfer of claim cases to one Motor Accident Claims Tribunal.
Final Decision: The petition filed by the petitioner - insurance company under Section 24 r/w 151 of C.P.C. was disposed of with the direction to transfer the claim cases to the 2nd Motor Accident Claims Tribunal, Karera District Shivpuri.
ORDER :
This petition under Section 24 r/w Section 151 of Code of Civil Procedure (hereinafter referred to as CPC) is preferred by the petitioner - Insurance Company for transferring claim case No. 249/2019 & claim case No. 250/2019 pending before 17th Motor Accident Claims Tribunal, Gwalior and claim case No.53/2019 pending before 2nd Motor Accident Claims Tribunal, Karera District Shivpuri before any one Motor Accident Claims Tribunal.
2. It is submitted by learned counsel for the petitioner that aforesaid claim cases are arising out of one incident, wherein two claim cases filed by parents and sister of the deceased are pending at Gwalior and one claim case filed by wife of the deceased is pending at Karera District Shivpuri. It is further submitted by learned counsel for the petitioner that for proper adjudication of the matter, all aforementioned cases be decided by the Claims Tribunal at one place. Hence, prayed to transfer the claim case No. 249/2019 & claim case No. 250/2019 pending before 17th Motor Accident Claims Tribunal, Gwalior and claim case No.53/2019 pending before 2nd Motor Accident Claims Tribunal, Karera District Shivpuri before any one Motor Accident Claims Tribunal.
3. Learned counsel appearing for respondent No.5 submits that he has no objection in transferring the aforesaid two cases pending before Motor Accident Claims Tribunal, Gwalior to Motor Accident Claims Tribunal, Shivpuri.
4. Learned counsel appearing for respondents No.1 to 3 has submitted that as two claim cases bearing No.249/2019 & 250/2019 are pending before 17th Motor Accident Claims Tribunal, Gwalior, therefore prayed that claim case No.53/2019 pending before 2nd Motor Accident Claims Tribunal, Karera District Shivpuri, be also transferred at Gwalior.
5. Heard learned counsel for the parties and perused the available record.
6. It is apparent from the perusal of documents available on record that the wife of the deceased is residing at Karera, District Shivpuri and one claim case No.53/2019 filed by her is also pending before 2nd Motor Accident Claims Tribunal, Karera District Shivpuri. Therefore, in the interest of justice, it is hereby ordered that claim cases bearing No.249/2019 & 250/2019 pending before 17th Motor Accident Claims Tribunal, Gwalior, be transferred to the Court of 2nd Motor Accident Claims Tribunal, Karera District Shivpuri. It is also directed that the parties shall remain present before the 2nd Motor Accident Claims Tribunal, Karera District Shivpuri (M.P.) on the date so fixed by him.
7. Consequently, this petition under Section 24 r/w 151 of C.P.C. filed by the petitioner - insurance company is disposed of with the aforesaid direction.
8. Let a copy of this order be sent to 17th Motor Accident Claims Tribunal, Gwalior, and also to 2nd Motor Accident Claims Tribunal, Karera District Shivpuri for compliance.
