IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 16 OF OCTOBER, 2025 MISC. CIVIL CASE No. 2609 of 2025 SMT MUSKAN Versus SMT RAM KUMARI KUSHWAHA AND OTHERS Appearance:

Mr. Ramesh Prasad Gupta - Advocate for applicant.

Mr. Virendra Singh - Advocate for respondents Nos. 1 to 3. Mr. Harshvardhan Sharma - Advocate for respondent No. 4.

ORDER This application under Section 24 of CPC has been filed for transfer of Claim Case No. 1676/2023 pending before 8th Motor Accident Claims Tribunal, Gwalior, to Motor Accident Claims Tribunal, Datia.

2. It is submitted by counsel for applicant that applicant is the widow of late Shri Devendra Kushwaha, who died in a vehicular accident on 30/8/2023. The accident took place near Prakshi Hotel, Unnao Road, Datia, District Datia. The claim petition was filed by applicant on 18/10/2023 before Motor Accident Claims Tribunal, Datia. It appears that mother of the deceased, namely Smt. Ram Kumari Kushwaha, and two married sisters of the deceased, namely Smt. Neha Kushwaha and Smt. Radha Kushwaha, filed another claim petition before 8th Motor Accident Claims Tribunal, Gwalior, which has been registered as MACC No. 1676/2023. It is submitted that it is clear from the cause title that mother of the deceased is also the resident of Datia, and in order to frustrate and harass the applicant, mother of the deceased has deliberately filed the claim petition before 8th Motor Accident Claims Tribunal, Gwalior, by joining her married daughters, Smt. Neha Kushwaha and Smt. Radha Kushwaha, as co-claimants. It is submitted that it is not the case of married sisters of the deceased that they have been deserted by their in-laws and are residing in her parental home and were dependent upon the deceased. On the contrary, it is clear from the cause title that Smt. Neha Kushwaha is a resident of 168, Chak Islampur, Village Sekra Jageer, Tehsil Dabra, District Gwalior, and Smt. Radha Kushwaha is the resident of Kshatrapura, Ward No. 1, Tehsil Gohad, District Bhind.

3. It is fairly considered by counsel for respondents Nos. 1 to 3 that Smt. Neha Kushwaha and Smt. Radha Kushwaha are residing in their matrimonial house, and addresses given in the claim petition are that of their matrimonial houses.

4. It is submitted by counsel for applicant that since the claim petition has been filed by respondents Nos. 1 to 3 deliberately in Gwalior with an intention to frustrate the legitimate claim of applicant, therefore in order to avoid any contradictory judgment, it would be appropriate to transfer MACC No. 1676/23 to the Motor Accident Claims Tribunal, Datia.

5. Per contra, it is submitted by counsel for respondents Nos. 1 to 3 that respondents Nos. 1 to 3 had filed their claim petition on 11/10/2023, i.e., seven days prior to presentation of claim petition by applicant, and therefore, claim petition filed by applicant is liable to be stayed under Section 10 of CPC. However, it is fairly conceded that his application under Section 10 CPC is pending before the Motor Accident Claims Tribunal, Datia and has not been decided so far. It is further submitted that since respondent No. 1 has shifted to Dabra, and is residing with respondent No. 2, therefore, it is incorrect to say that respondent No. 1 is at present residing in Datia.

6. So far as respondent No. 4 is concerned, counsel for respondent No.

4 has supported the transfer of case from Gwalior to Datia on the ground that respondent No. 4 is also the resident of Datia, and accident also took place in Datia.

7. Heard learned counsel for parties.

8. The undisputed facts are that an accident took place in Datia on

30/8/2023. Applicant, who is the widow of late Devendra Kushwaha, is the resident of Datia. Respondent No.1, who is the mother of deceased Devendra Kushwaha, is also the resident of Datia as on the date of presentation of claim petition and the respondent no. 4 who is the driver and owner of the offending vehicle is also the resident of