HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of M.V.O.P.No.841 of 2024, filed by the respondents herein, from the file of the Chairman-Motor Accident claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, Hyderabad to the Chairman-Motor Accident Claims Tribunal- cum- District Judge at Mahabubnagar, to be tried along with M.V.O.P.No.33 of 2024.

2. Heard Smt. Ms. N. Sameena, learned counsel for the petitioner, Smt. Annapurna Sreeram, learned counsel for respondent Nos.1 to 4. No representation on behalf of the respondent No.5, despite service of notice; Sri. N. Srinath Rao, learned counsel, entered appearance on behalf of respondent No.6, and respondent No.7 is a pro-forma party.

3. The brief facts leading to filing of the present Tr.C.M.P. are that one Sri Syed Nawaz Ali (herein referred to as ‘the deceased’), died in an accident on 21-12-2023, while travelling on motor vehicle, within the limits of Macherla Village. Respondent Nos. 1 to 4 herein, filed M.V.O.P.No.841 of 2024, seeking compensation on account of death of the deceased, before Chairman-Motor Accident claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, Hyderabad, without impleading petitioners herein, who are entitled for compensation. Petitioners herein filed M.V.O.P.No.33 of 2024, before the Chairman-Motor Accident Claims Tribunal-cum- District Judge at Mahabubnagar, seeking compensation on account of death of the deceased. Present Tr.CMP is filed by the petitioners seeking transfer of M.V.O.P.No.841 of 2024 from the file of the Chairman-Motor Accident claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, Hyderabad to the Chairman-Motor Accident Claims Tribunal-cum- District Judge at Mahabubnagar, to avoid conflicting decisions and also for comprehensive adjudication of the matter and apportionment among all the legal heirs.

4. Learned counsel for the petitioner would submit that the both petitioners and respondents are residents of Mahabubnagar and respondent No.1, is resident of Kalwakurthy. However, M.V.O.P.No.841 of 2024 is filed before Chairman-Motor Accident claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, Hyderabad, only to avoid compensation of the petitioners, which is also evident from the application filed by them in which, petitioners have not been made parties.

5. Learned counsel for the respondents would submit that for speedy adjudication of the case, it is appropriate that M.V.O.P. filed by the petitioner pending at Mahabubnagar may be transferred to Hyderabad. However, learned counsel for the respondent did not dispute the contention of the petitioner that there is possibility of passing conflicting judgments.

6. A perusal of the record discloses that the petitioners as well as respondents are permanent residents of Mahabunagar. However, respondent Nos.1 to 4 filed M.V.O.P.No.841 of 2024, by mentioning that they temporarily came to Hyderabad, without impleading petitioners, whereas, M.V.O.P.No.33 of 2024, was filed by the petitioners herein without making father and brothers of the deceased as parties. It is evident from the record that two MVOPs are filed, one by the wife and daughter of the deceased and another by the father of the deceased. Therefore, it is appropriate that both the MVOPs are decided by the same court to avoid conflicting decisions as well as complication in apportionment of the compensation.

7. Accordingly, this Transfer C.M.P. is allowed and F.C.O.P.No.841 of 2024 pending before the Chairman-Motor Accident Claims Tribunal-cum-IX Additional Chief Judge, City Civil Court, Hyderabad, is withdrawn and transferred to the file of the Chairman-Motor Accident Claims Tribunal-cum- District Judge at Mahabubnagar, for disposal in accordance with law.

8. The learned Chairman-Motor Accident Claims Tribunal- cum-IX Additional Chief Judge, City Civil Court, Hyderabad, shall transmit the entire original record in F.C.O.P.N