APHC010401852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 326/2024 Between:

Emmandi Drakshyanai @ Vuyyuri Drakshayani ...PETITIONER AND Puram Srikanth Reddy and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. A RAVEENDRA BABU Counsel for the Respondent(S):

1. KAMBHAMPATI RAMESH BABU

2.

The Court made the following:

HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO.326 OF 2024

ORDER:

The petitioner herein have filed the present petition seeking to withdraw MVOP No.712 of 2022 which is pending on the file of the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru and transfer the same to the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram where MVOP No.372 of

2022 is pending, for enquiry.

2. The case of the petitioner in brief is as follows:

On 22.02.2022 while the husband of the petitioner by name Vuyyuri Durga Satya Vara Prasad is going to meet his friend from their house by walk and he reached near Carewell Hospital, Shapurnar, Jeedimetla Junction of Cyberabad, when he was after crossing the zebra cross of footpath below margin of the road, one Ashok Leyland Bus bearing No.TS-09-UB-1994 driven by its driver came from Rajularamaram to Attapur side in a rash and negligent manner with high speed and without blowing horn and without following traffic rules, dashed the husband of the petitioner and when he fell on the side of the road, the bus ran over his head and body. As a result of which, the husband of the petitioner died at the spot itself. The petitioner instituted a claim application in MVOP No.372 of 2022 before the Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram and the same is pending for enquiry. She came to know that her mother-in- law also filed claim application in MVOP No.712 of 2022 before the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru, which is pending for enquiry and that the petitioner is constrained to file this application to transfer MVOP No.712 of 2022 from Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru to Motor Accidents Claims Tribunal-cum-Principal District Judge, East Godavari at Rajamahendravaram to avoid conflict decisions in both the claim applications.

3. Heard Sri A. Ravaindra Babu, learned counsel for the petitioner and heard Sri Kambhampati Ramesh, learned counsel for the 4^th respondent. 4. Learned counsel for the 4^th respondent would contend that there are no justifiable grounds to consider the request of the petitioner and the petition may be dismissed.

5. The material available on record prima facie goes to show that the petitioner instituted MVOP No.372 of 2022 for claiming compensation for the death of her husband before the Motor Accidents Claims Tribunal-cum- Principal District Judge, East Godavari at Rajamahendravaram, likewise, the mother-in-law of the petitioner also instituted another claim application vide MVOP No.712 of 2022 before the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru. It is not in dispute that the enquiry in MVOP No.372 of 2022 on the file of the Motor Accidents Claims Tribunal- cum-Principal District Judge, East Godavari at Rajamahendravaram has been commenced and the same has been posted for cross examination of P.W.1 and P.W.2 and the enquiry in MVOP No.712 of 2022 on the file of the Motor Accidents Claims Tribunal-cum-VIII Additional District & Sessions Judge, Eluru has not been commenced. Admittedly, both the claim applications are filed for claiming compensation for the death of deceased by name Vuyyuri Durga Satya Vara Prasad. Therefore, both the claim applications for claiming