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2024 Supreme(Online)(CG) 7806
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Civil) No.73 of 2023
1. Smt. Gwalin Bai Tandan W/o Late Fulsai Tandan Aged about 60 Years, 2. Rajkumari Tandan D/o Late Fulsai Tandan Aged about 30 Years, Both petitioners are R/o Village Kaitha Police Station Hasoud, District Janjgir-Champa (Chhattisgarh) Present Address- Shanti Nagar, Bankimongra, Tahsil Katghora, District : Korba, Chhattisgarh.
---- Petitioners Versus
1. Rasiya Das S/o Shiv Charan Das Aged About 38 Years R/o Village Bagdhari Para Dhelwadih, Korba, Tahsil and District (Driver of Offending Vehicle), District : Korba, Chhattisgarh.
2. Siman Pandey S/o Narmada Prasad Pandey Aged About 45 Years R/o S/61, New Colony Dhelwadih, Tahsil Katghora, District Korba, Chhattisgarh.
3. The Branch Manager The New India Insurance Company Limited, Branch Office- T P Korba, Tahsil Katghora, District : Korba, Chhattisgarh
4. Sunita Jangde D/o Dujeram Jangde Aged about 33 Years R/o Shanti Nagar, Korba, Tahsil Katghora, District : Korba, Chhattisgarh.
---- Respondents For Petitioners : Mr. Vikas Kumar Pandey, Advocate For Respondent No.2 : Mr. Pravesh Sahu, Advocate For Respondent No.3 : Mr. Shubham Agrawal, Advocate appears on behalf of Mr. H.P. Agrawal, Advocate For Respondent No.4 : Ms. Bhagwati Kashyap, Advocate Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
01/05/2024
1. With the consent of both the parties, the matter is heard on admission as well as heard finally and is being disposed of.
2. This petition under Section 24 of the Code of Civil Procedure (for short “CPC”) has been filed by the petitioner to transfer the case bearing MACT No.1450/2021 (Smt. Sunita Tandan Vs. Rasiya Das & Ors.) which is pending before the 2nd Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) to District Korba (C.G.).
3. Brief facts of this case are that the informant has lodged the FIR on
08.09.2021 against the unknown vehicle who has crossed over of one unknown persons later on it was revealed from FIR that the informant was residing in Shanti Nagar, Korba and serving in the Department of Forest as contract basis. On 08.09.2021, one Ramayan Kashyap has intimated that Rajkumar Tandan who was riding the vehicle bearing registration No.CG-12-AQ-7180 was returning from Jogi Dhaba (motel) to Shanti Nagar around 09:50 PM on vehicle was dashed to vehicle of Rajkumar Tandan as a result of which, he died on the spot.
4. Learned counsel for the petitioner submits that mother of the deceased is 60-year-old and widow lady and nobody is to take care to her. He further submits that the cause of action was raised in the jurisdiction of Korba District. The case instituted before the Police Station Banki Mongra and the witnesses also belong to the same place so that the petitioner has filed the claim before the competent Court of law at Korba District. Therefore, it is required to be transferred the said case from the 2nd Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) to the competent Court at District Korba (C.G.). Hence, looking to the hardships likely to be faced by her, the case be transferred to the competent Court at District Korba (C.G.).
5. Learned counsel appearing for respondents No.2 and 3 oppose the prayer for transfer of the case from the 2nd Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) to the competent Court at District Korba (C.G.).
6. Learned counsel appearing for respondent No.4 submits that Sunita Jangde/respondent No.4 is suffering from Paralysis and in this regard disability certificate is also annexed. She further submits that at present, Sunita Jangde is residing with her brother at Masturi, District Bilaspur and she is unable to attend the Court proceedings at District Korba. Therefore, the instant transfer petition may not be transferred from District Bilaspur to District Korba (C.G.).
7. I have heard counsel for the parties and perused the documents on record with utmost circumspection.
8. Considering the facts and circumstances of the case, it is an admitted fact that respondent No.4- Sunita Jangde is suffering from Paralysis, residing at Masturi, District Bilaspur and the case bearing MACT No.1450/2021 (Smt. Sunita Tandan Vs. Rasiya Das & Ors.) is pending before the 2nd Additional Motor Accident Claims Tribunal, Bilaspur (C.G.), hence, it would be inconvenient for her to attend the hearing of the case at District Korba, therefore, this Court is of the opinion that without any valid and cogent reason, the instant transfer petition filed by the petitioners is liable to be and is hereby dismissed.
9. Consequently, the pending application(s), if any, shall stand disposed of.
