Smt. Sulochana Devi Wife of Late Rambhaj, Vs Pooja Dhaniya Daughter of Late Shri Rambhaj

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[2025:RJ-JP:43394]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 146/2025

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Smt. Sulochana Devi Wife Of Late Rambhaj, Aged About 37 Years, Resident Of Ward No. 22, Gali No. 02, Sindhi Mohalla Jat Dharmshala, Hanumangarh Town, Tehsil And District -Hanumangarh.

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Ravindra Singh Son Of Late Shri Rambhaj, Aged About 11 Years, Minor Through His Mother Smt Sulochana Devi Wife Of Late Rambhaj, Aged About 37 Years, Resident Of Ward No. 22, Gali No. 02, Sindhi Mohalla, Jat Dharmshala, Hanumangarh Town, Tehsil And DistrictHanumangarh.

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----Petitioners

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Versus

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Pooja Dhaniya Daughter Of Late Shri Rambhaj, Aged About 30 Years, Resident Of Hanumangarh Town, Currently Residing At House No. 5-C/112, Prem Niketan, Jainarayan Vyas Colony, Tehsil-Bikaner, District-Bikaner.

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Rakesh Kumar Son Of Late Shri Rambhaj, Aged About 31 Years, Resident Of Hanumangarh Town, Currently Residing At Rajasthan Police Academy B-2, Shashtri Nagar, Jaipur.

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Rajesh Dhaniya Son Of Late Shri Rambhaj, Aged About 36 Years, Resident Of Hanumangarh Town, Currently Residing At Rajasthan Police Academy B-2, Shashtri Nagar, Jaipur.

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Mahendra Kumar Suthar Son Of Arjun Ram Suthar, Resident Of Bhojasar, Ratangarh, Churu, DistrictChuru(Rajasthan). Driver-Rj 44 Gb 2531.

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M/s Krishna Construction Company, Through Its Proprietor Rajesh Kumar Son Of Shri Shankarlal, Resident Of Ward No. 14 Parihara, Tehsil-Ratangarh, DistrictChuru(Rajasthan). Registered Owner Rj 44 Gb 2531.

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The Oriental Isnurance Company Limited, Head OfficeDivisional-25, Maruti Insurance Nodal Office-The Oriental Insurance Company Limited, Shriganganagar Road, Hanumangarh Junction, Tehsil And District-Hanumangarh (Rajasthan).

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[2025:RJ-JP:43394]

[CTA-146/2025]

----Respondents

For Petitioner(s)	: Mr. Rishabh Bhidasra
For Respondent(s)	: Mr. Santosh Kumar Soni

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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29/10/2025

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Instant Civil Transfer Application under Section 24 read with Section 151 of CPC has been filed praying to transfer the claim petition No.755/2023 (Pooja Dhaniya Vs. Mahendra Kumar Suthar) from Motor Accident Claims Tribunal, Jaipur, to Motor Accident Claims Tribunal, Hanumangarh (for short, ‘the MACT’) to hear and decide the claim petition along with claim petition No. 112/2023 titled as Smt. Sulochana Devi and anr. Vs. Krishna Construction Co. and ors., filed by and on behalf of the applicants.

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Having heard learned counsel for the parties and perused the record, it appears that one Rambhaj, Sub Inspector in Rajasthan Police died in an accident on 01.09.2023. In respect of accident, FIR No.193/2023 was registered at Police Station Bhanipura, District Churu. Applicants are wife and minor son (aged 11 years) of deceased and non-applicants No.1 to 3 are natural heirs of deceased from his first wife, who has pre-deceased him.

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It appears that applicants have filed a claim petition before the MACT, Hanumangarh wherein apart from impleading the Insurance Company, driver and owner of the vehicle involved in accident, natural heirs of deceased from his pre-deceased wife have also been impleaded as non-claimants.

[2025:RJ-JP:43394]

[CTA-146/2025]

(3 of 4)

It appears that another claim petition has been filed by natural heirs of deceased Rambhaj, born from his pre-deceased wife i.e. non-applicant Nos.1 to 3 herein and this claim petition has been filed before the MACT, Jaipur. In this claim petition, applicants have been impleaded as party respondent and the same driver, owner and Insurance Company are also party.

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In the present transfer application, after service of notice, only non-applicant Nos.1 to 3 have put in appearance and no one has appeared on behalf of the driver, owner of the vehicle and Insurance Company.

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Taking into consideration the fact that for claiming the compensation of deceased Rambhaj, two separate claim petitions have been filed. Present applicants, who are wife and minor son of deceased, have prayed for transfer of the claim petition, filed by natural heirs of deceased from his pre-deceased wife, from MACT, Jaipur to MACT, Hanumangarh whereas no prayer to transfer the claim petition from MACT, Hanumangarh to MACT, Jaipur has been made by and on behalf of the non-applicant Nos.1 to 3. In addition, equity and hardship tilts in favour of the applicant-wife and her minor son of 11 years since the natural heirs of deceased Rambhaj from his pre-deceased wife are major and they would face and suffer lesser hardship than the applicant, if their claim petition is transferred to MACT, Hanumangarh.

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In the opinion of this Court, it is desirable that both claim petitions should be heard and decided together by one Tribunal which shall not be prejudicial to the interest of driver, owner of the vehicle so also of the Insurance Company.

(4 of 4)

[2025:RJ-JP:43394]

[CTA-146/2025]

Accordingly, in view of the above discussion, the instant Civil Transfer Application is allowed.

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The claim petition No.755/2023, filed by and on behalf of the non-applicants No.1 to 3, who are natural heirs of deceased from his pre-deceased wife, is directed to be transferred from Motor Accident Claims Tribunal, Jaipur, to Motor Accident Claims Tribunal, Hanumangarh and to decide the same together with the claim petition No. 112/2023, filed by applicants and pending before the Motor Accident Claims Tribunal, Hanumangarh.

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Original record be transmitted forthwith from the Motor Accident Claims Tribunal, Jaipur, to Motor Accident Claims Tribunal, Hanumangarh. Since non-applicants No.1 to 3 have already put in appearance before the MACT, Hanumangarh, both the petitions shall be tagged, heard and decided together.

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Stay application and other pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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pcg/15

Smt. Sulochana Devi Wife of Late Rambhaj, v. Pooja Dhaniya Daughter of Late Shri Rambhaj

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Smt. Sulochana Devi Wife of Late Rambhaj, v. Pooja Dhaniya Daughter of Late Shri Rambhaj

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