To avoid conflicting decisions, multiple claim petitions arising from the same accident/death should be tried by the same Tribunal.

ORDER:

The present transfer application is filed by the petitioners for seeking transfer of M.V.O.P.No.33 of 2022 on the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram and transfer the same to the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram to try along with M.V.O.P.No.3 of 2022 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram.

2. Heard both sides.

3. The case of the petitioners in brief is as follows:

Petitioner No.1 is the mother of the deceased, and petitioner Nos.2 and 3 are the grandchildren of petitioner No.1. They have filed M.V.O.P. No.33 of 2022 on the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram, seeking compensation on account of the death of the deceased, namely, Geddam Prasad. It is further represented that the respondents, who are none other than the second wife and son of the deceased, have filed another M.V.O.P. No.3 of 2022 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram. Both the claims are laid before different Tribunals seeking compensation on account of the death of the deceased, namely, Geddam Prasad.

4. When the matter has been taken up today, learned counsel for the respondents represented that they are not having any objection to withdraw the case of the petitioner i.e., M.V.O.P.No.33 of 2022 on the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram and transfer the same to the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram, to avoid conflicting decisions.

5. Since both claims arise out of the death of the deceased, namely, Geddam Prasad, to avoid conflicting decisions, both the petitions have to be decided by the same Tribunal.

6. For the aforesaid reasons, I am of the considered view that it is a fit case to withdraw the M.V.O.P.No.33 of 2022 from the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram, and transfer the same to the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram and try it along with M.V.O.P.No.3 of 2022.

7. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and M.V.O.P.No.33 of 2022 from the file of the learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram, is withdrawn and transferred to the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram. The learned II Additional District Judge-cum-Motor Accident Claims Tribunal, Amalapuram, shall transmit the case record in M.V.O.P.No.33 of 2022 to the Court of the Motor Accident Claims Tribunal-cum-III Additional District Judge, West Godavari at Bhimavaram, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed.