Allahabad High Court
Smt. Prachi Bajpai And 3 Others vs Ramendra Singh Yadav And 2 Others on 22 December, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242898
Court No. - 6
Case :- WRIT - C No. - 30630 of 2023
Petitioner :- Smt. Prachi Bajpai And 3 Others
Respondent :- Ramendra Singh Yadav And 2 Others
Counsel for Petitioner :- Ajal Krishna
Counsel for Respondent :- Komal Mehrotra
Hon'ble Mrs. Manju Rani Chauhan,J.
The affidavit of service has been filed from where it transpires that the petitioners tired to serve notice upon the respondent nos.1&2 in the presence of two witnesses and the witnesses have placed remark regarding the fact, after having hot talk with the lawyer, that they have refused to take notice.
In compliance of the order dated 12.12.2023, a report of Chief Metropolitan Magistrate, Kanpur Nagar has been placed on record, which shows that the son of respondent no.1 has refused to take the notice and nephew of respondent no.2 has put his signature refusing to take the notice.
From the aforesaid, it is clear that the private respondents are well aware of the petition being filed before this Court.
Heard Mr. Ajal Krishna, learned counsel for the petitioner and Mr. Komal Mehrotra, learned counsel for the respondent no.3.
This writ petition has been filed by the petitioner with a prayer to direct for transfer of case, i.e. M.A.C.P. No.180 of 2017 (Smt. Prachi Bajpai and others vs. Ramendra Singh Yadav and Others) from the Court of Motor Accident Claims Tribunal (North), Kanpur Nagar to the court of Motor Accident Claims Tribunal, Barabanki.
Learned counsel for the petitioner submits that the petitioner no.1 is the wife of late Amit Bajpai, who expired on 11.02.2016 at about 11:15 p.m. in a road accident near Gutaiya Crossing, Rawatpura, Police Station-Kakadeo, Kanpur Nagar while going from his office to his house on his PUlsar Motor Cycle. A Truck bearing No.UP 78 CN 2886 coming from the back side of late Amit Bajpai, due to rash and negligent driving of the driver of the aforesaid vehicle, Amit Bajpai (husband of petitioner no.1) was badly injured and had died during treatment. An F.I.R. was lodged in this regard. He further submits that the petitioners were fully dependent upon late Amit Bajpai, who was working in Cheap Surgical Medical Store, Shivala, Kanpur Nagar and also doing part time job in Mahaveer Hospital, Panki, Kanpur Nagar. Therefore, a claim petition has been filed before the court of Motor Accident Claims Tribunal, Kanpur Nagar. He further submits that the petitioners were living at Kanpur Nagar in a rented house. After death of Amit Bajpai, husband of petitioner no.1, due to financial crisis, they left Kanpur Nagar and are presently, residing in Barabanki in the house of one Raj Kumar Shukla, who is brother-in-law of petitioner no.1 and is supporting the family.
He further submits that the petitioner no.1 being widow and suffering from financial crisis maintaining the minor children, is not in a position to travel from Barabanki to Kanpur Nagar to contest the case. Therefore, she prays for transfer of case, i.e. M.A.C.P. No.180 of 2017 from the Court of Motor Accident Claims Tribunal (North), Kanpur Nagar to the court of Motor Accident Claims Tribunal, Barabanki, so that the petitioners can easily contest the case. In support of his contention, he has relied upon the judgments of the Co-ordinate Bench of this Court in the cases of Sripal vs. Rajendra Prasad & Ors reported in 1998(3) AWC 2322 and Kamla Yadav vs. Shushma Devi and others reported in 2004(22) LCD 40.
Learned counsel for the respondent no.3 has no objection to the aforesaid prayer as made by the learned counsel for the petitioner.
From the affidavit of service and report of Chief Metropolitan Magistrate, Kanpur Nagar dated 20.12.2023, it is clear that the respondents are avoiding taking notice. However, transfer of the case would not affect prejudicially either of the opposite parties.
This Court feels that difficulty of the petitioners, who have lost member of their family and are facing financial crisis, had no option but to leave Kanpur Nagar and are residing at her relative's place at Barabanki.
In view of the above facts of the case and special circumstances in which the petitioners are placed, it is directed that the case, i.e. M.A.C.P. No.180 of 2017 (Smt. Prachi Bajpai and others vs. Ramendra Singh Yadav and Others), pending before the court of Motor Accident Claims Tribunal (North), Kanpur Nagar be transferred to the court of Motor Accident Claims Tribunal, Barabanki, at the earliest.
With the aforesaid direction, the present writ petition is, accordingly, allowed.
Order Date :- 22.12.2023
Jitendra/-
