Allowed

Smt.Sumitra v. Bhanwar Puri and Ors.

Rajasthan HC27 Apr 2018CTA/15/2013

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur held that Motor Accident Claims Tribunals are subordinate courts under Section 24 of the Code of Civil Procedure. Consequently, the court transferred a claim case from the Sirohi Tribunal to the Jodhpur Metro Tribunal to consolidate claims arising from the same accident.

What did the court decide?

Claim Case No. 120/2011 vacated from Motor Accident Claims Tribunal, Sirohi and transferred to Motor Accident Claims Tribunal No.1, Jodhpur Metro.

Smt.Sumitra Vs Bhanwar Puri and Ors. — Motor Accident Claims | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Civil Transfer Application No. 15 / 2013.

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Smt. Sumitra wife of Late Shri Narendra Puri, aged about 32 years, by caste Goswami, Resident of Plot No. 36, Khasra N. 18/1, Gayatri Nagar, Bhadwasia, Jodhpur.

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----Petitioner

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Versus

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Bhanwar Puri son of Late Shri Rughnath Puri

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Smt. Mohani Devi wife of Bhanwar Puri

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Both by caste Goswami, Resident of Subhash Nagar, Shivganj, Tehsil Shivganj, District Sirohi (Rajathan).

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----Respondents

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Chhogaram son of Lakhma Ji, by caste Heeragar, Resident of Koyali, Tehsil & District Sirohi.

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Vijay Singh son of Shri Jabbar Singh, by caste Rajput, Resident of Ramnagar, Tehsil Sumerpur, District Pali.

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Branch Manager the Oriental Insurance Company, Divisional Office at Surajpole, Pali Marwar.

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----Proforma Respondents

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For Petitioner(s) :

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Mr. Deepak Bishnoi on behalf of Mr. B.L. Bishnoi.

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For Respondent(s) :

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Mr. Jagdish Vyas. Mr. R.S. Bhati.

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(2 of 4)

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[CTA-15/2013]

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JUSTICE DINESH MEHTA

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Order

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27/04/2018

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During the course of proceedings on 20.04.2018, this Court had posed the question, “as to whether, the Motor Accident Claims Tribunal, is a Court subordinate to the High Court, and amenable to and subject to powers of transfer available to this Court under Section 24 of the Code of Civil Procedure” ?

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After hearing learned counsels for the parties at length, this Court, vide its order dated 20.04.2018 passed in the present case, has held that the High Court has jurisdiction to transfer a claim case filed in the Motor Accident Claims Tribunal to another Tribunal, while observing as under:-

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“Having considered the submissions made by Mr. Vishal Sharma and Mr. Deepak Bishnoi, learned counsels for the petitioners and after perusal of the judgments cited at bar, this Court is firmly of the view that for the purpose of exercising the powers under Section 24 of the Code of Civil Procedure, Motor Accident Claims Tribunals are courts subordinate to the High Court and thus, this Court has the power to transfer the claim petition from one Tribunal to another Tribunal, of course, subject to the merit of the individual case.”

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The present application under Section 24 of the Code of Civil Procedure has been filed by the petitioner, seeking transfer of Motor Accident Claim Case No. 120/2011 from the Motor Accident Claims Tribunal, Sirohi to the Motor Accident Claims Tribunal No.1, Jodhpur Metro.

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(3 of 4)

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[CTA-15/2013]

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Mr. Deepak Bishnoi, learned counsel for the petitioner, narrating the facts of the case, stated that Narendra Puri, serving in the Police Department had died of an accident on 09.04.2010. After his death, the petitioner, being his wife along with her minor daughter had been ousted from their in-laws house; hence, the petitioner started living with her parents at Jodhpur. The petitioner has filed a claim petition claiming compensation for the accidental death of her husband, Narendra Puri, which case has been registered as “MAC Case No. 718/2011” and the same is pending consideration before the Motor Accident Claims Tribunal No. 1, Jodhpur Metro.

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He submitted that the respondents No.1 and 2, being father and mother of the deceased Narendra Puri have also filed a case for grant of compensation for the accidental death of Narendra Puri, however before the Motor Accident Claims Tribunal, Sirohi, which has been registered as “MAC Case No. 120/2011” and the same is pending consideration before the Motor Accident Claims Tribunal at Sirohi.

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He submitted that both the claim cases emanate from the accidental death of Narendra Puri and the present petitioner as well as the respondents No.1 and 2 have staked their claim for compensation on account of death of Narendra Puri. In the facts of the present case, he submitted that, without challenging the rights of the respondents No.1 and 2, being father and mother of the deceased Narendra Puri, the petitioner prays that the claim case filed before the Motor Accident Claims Tribunal at Sirohi by the

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(4 of 4)

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[CTA-15/2013]

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respondents No. 1 and 2 be transferred to the Motor Accident Claims Tribunal No.1, Jodhpur Metro, so that the same may be consolidated and/or decided with the case filed by the petitioner.

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Despite service upon the respondents No. 1 and 2, nobody has appeared on their behalf.

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Mr. Jagdish Vyas, learned counsel has, however, appeared on behalf of the respondent No.5, the Oriental Insurance Company. Mr. Vyas has also concurred with the said proposal of the petitioner and expressed that it would be better that both the claim cases are heard and decided together.

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In view of the present factual matrix, this Court deems it appropriate, expedient and in the interest of justice to transfer the MAC Case No. 120/2011 from the Motor Accident Claims Tribunal, Sirohi to the Motor Accident Claims Tribunal No. 1, Jodhpur Metro so that, it would not only avoid passing of the conflicting award but also would ensure adjudication of rival claim of the petitioners and the respondents No.1 and 2 appropriately.

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The Transfer Application is, therefore, allowed, as indicated above.

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In view of the facts aforesaid, MAC Case No. 120/2011 is withdrawn from the Motor Accident Claims Tribunal, Sirohi and the same is transferred to the Motor Accident Claims Tribunal No.1, Jodhpur Metro.

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A copy of this order be sent to both the Tribunals concerned, for information and for facilitating the transmission of the record.

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(DINESH MEHTA), J.

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/Mohan/4

Smt.Sumitra v. Bhanwar Puri and Ors.

Case brief

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Smt.Sumitra v. Bhanwar Puri and Ors.

Case brief

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