ORAL ORDER

1. The present applications are filed under Section 24 of the Code of Civil Procedure, 1908 by the applicant, to transfer :- (i) Motor Accident Claim Petition No.105 of 2020 (ii) Motor Accident Claim Petition No.106 of 2020 and (iii) Motor Accident Claim Petition No.107 of 2020, pending with the learned Motor Accident Claims Tribunal, Mehsana to the learned Motor Accident Claims Tribunal, Ahmedabad (City).

2. Heard learned advocates.

3. Rule returnable forthwith. Learned advocates waive service of notice of rule for and on behalf of the respective respondents.

4. Learned advocate Mr. Hiren Modi for the applicant has submitted that in the said accident, the parents of minor Takshak had expired and he had also received severe injuries. He has submitted that the paternal grandfather has filed claim petitions in the year 2021 at Ahmedabad claiming compensation for the death of his son and daughter-in-law as dependents and also as guardian of minor Takshak for the injuries caused to him. Therefore, learned advocate Mr.Modi appearing for paternal grandfather submits that such proceedings are required to be transferred at Ahmedabad.

5. Learned advocate Mr. Yogendra Thakore for the contesting respondent has vehemently opposed these applications. He has submitted that the minor boy is residing with the maternal grandmother at Mehsana and his education is also taken care by the maternal grandmother. He has submitted that therefore, the claim petitions are filed at Mehsana in the year 2020 by the maternal grandmother claiming that she is the natural guardian of minor Takshak. He has submitted that considering the provisions of the Guardians and Wards Act, the person with whom the minor is residing, is considered to be a guardian of the minor. He further submits that considering the facts of the case, as such the paternal grandfather, who has filed subsequent claim petitions after the claim petitions are filed by the maternal grandmother, has no right to file second claim petitions. Therefore, he prays to dismiss the second claim petitions or dismiss these applications for transfer. He submits that the maternal grandmother is also made a party respondent to the proceedings filed by the paternal grandfather and she is appearing as respondent in those proceedings at Ahmedabad.

6. I have considered the rival submissions made by the learned advocates for the parties. I have also considered the documents available on record. It is unfortunate that the minor boy has lost both his parents in the accident. Both the grandparents – paternal and maternal have filed claim petitions for getting compensation. The paternal grandfather has filed claim petitions before the learned City Civil Court, Ahmedabad in the dual capacity, as dependents of deceased son and daughter-in-law and as a natural guardian of their minor grand son, claiming compensation. He has legal privilege to look after the interest of minor grand son. The maternal grandmother is a respondent in those claim petitions and she is attending the proceedings at Ahmedabad.

Therefore, it is appropriate to grant submissions made by learned advocate Mr.Modi for the applicant and allow these applications considering the law laid down in the catena of decisions.

7. Wherever it is required to be considered the plea of transfer, it should be taken into consideration the economic soundness of both the parties, the social strata, their behavioural pattern and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life.

8. Considering the averments made by learned advocates appearing for the respective parties and so also considering the peculiar facts of the present cases and also considering the hardship to the applicant/s, the ends of justice should demand the transfer of the proceeding/s in question under Section 24 of the Code, this Court deems it fit to accept the submissions advanced by the learned advocate