Andhra Pradesh High Court - Amravati

I Have Heard Learned Counsel Mr. ... vs State Road Transport Corporation ... on 17 July, 2023

   THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
        TRANSFER CIVIL MISCELLANEOUS PETITION
                  No.167 OF 2023

ORDER:

I have heard learned counsel Mr. A.P. Venu Gopal

representing on behalf of Mr. K. Venkata Rao, learned counsel

for the petitioner.

2. After considering the nature of prayer, which sought

by the petitioner in the present transfer petition, this Court

inclined to dispose of the matter at the admission stage itself.

3. This Transfer Civil Miscellaneous Petition is filed by

the petitioner/husband under Section 24 of Civil Procedure

Code (in short "CPC") seeking transfer of M.V.O.P. No.16 of

2018 on the file of XIII Additional District Judge -Cum- Motor

Accidents Claims Tribunal, Narasaraopet, Guntur District,

Andhra Pradesh to Motor Accidents Claim Tribunal-Cum-Chief

Judge, City Civil Courts, Hyderabad or any Court having

Competent Jurisdiction at Nalgonda District. In view of the

ratio laid down by Hon'ble Apex Court in Civil Appeal No. 9322

of 2022 arising out of Special Leave Petition (C) No. 32448 of

2018 in Gohar Mohammed, Appellant Vs Uttar Pradesh

State Road Transport Corporation and Others,

Respondents, dated 15.12.2022.

4. It is the contention of the petitioner that he filed

claim petition vide M.V.O.P.No.1248 of 2018 on the file of

Motor Accidents Claim Tribunal-Cum-X Additional Chief

Judge, City Civil Court, Hyderabad, claiming compensation for

the death of his wife in Motor Vehicle accident on 18.01.2018

at Choutuppal within the jurisdiction of Nalgonda District.

The petitioner submits that whereas respondent Nos. 1 and 2,

who are parents of the deceased Dr. Katta L Priyanka Reddy

also filed claim petition M.V.O.P. No.16 of 2018 on the file of

XIII Additional District Judge -Cum- Motor Accidents Claims

Tribunal, Narasaraopet, Guntur District, Andhra Pradesh on

11.06.2018. The main contention of the petitioner is that as

per ratio laid down by Hon'ble Apex Court in Gohar

Mohammed's Case referred supra, he preferred

Tr.C.M.P.Sr.No.17927 of 2023 wherein the Hon'ble High Court

of Telangana passed order that:-

"Let the party be advised to approach the High Court of Andhra Pradesh, at Amaravathi for appropriate direction to the Registrar (General) as per the Judgment of the Hon'ble Apex Court referred by the counsel"

5. Then, the Hon'ble High Court of Telangana directed

the petitioner to approach before the Registrar (General) of

Andhra Pradesh High Court at Amaravati for transfer of

M.V.O.P.No.16 of 2018 on the file of XIII Additional District

Judge -Cum- Motor Accidents Claims Tribunal, Narasaraopet,

Guntur District, Andhra Pradesh, which is 2nd claim petition

filed in respect of same accident, whereas the 1st claim petition

is filed before the Motor Accidents Claim Tribunal-Cum-X

Additional Chief Judge, City Civil Court, Hyderabad and the

party is accordingly advised.

6. Basing on the above direction, petitioner has filed

present transfer petition before this Court. The Hon'ble Apex

Court in Gohar Mohammed's Case referred supra while

considering the similar situation gave the following direction at

para-Nos. 50 and 51 which reads as under: -

"50. Learned Amicus Curiae contends that in a situation where the claimant(s) opts to file a claim petition under Section 166 other than a place where the accident has taken place taking recourse of Section 166(2) of the M.V. Amendment Act, the proceedings initiated under Section 149 is required to be closed and tagged with those proceedings. It is also urged that possibility of filing application by opting the Claims Tribunals at different places within territorial jurisdiction of different High Court by other claimant(s) cannot be ruled out. It is further contended that in case the claim petitions have been filed at different places by different claimant(s) within the territorial jurisdiction of different High Courts, appropriate directions to transfer those cases at one place in exercise of the power under Section 142 of the Constitution of India needs to be issued, thereby the delay may be curbed in proceeding the claim case.

51. In our view, the argument as advanced is having force, therefore, we direct that on initiation of the proceedings under Section 149 registering a Miscellaneous Application by the Claims Tribunal, in

whose jurisdiction the accident occurred would continue until the proceedings under Section 166 has been filed by the claimant(s) separately. In the event of filing a separate application and on receiving the information in this regard either from the claimant(s), or investigating officer or insurance company, the proceedings under Section 149 shall be deemed as closed and be tagged with the proceedings of Sections 164/166 filed by the claimant(s). In case the claimant(s)/legal representative(s) have filed different applications under Section 166 before different Claim Tribunals at different places outside the territorial jurisdiction of one High Court, in the said contingency the Claims Tribunal, where the first claim petition is filed shall have jurisdiction to adjudicate and decide the same and other claim petition(s) filed by the claimant(s)/legal representative(s) in the territorial limits of other High Courts shall stand transferred to the Claims Tribunal where the first claim petition was filed and the proceedings under Section 149 shall be tagged with the said file. In order to curb the delay on account of pendency of claim petition(s) before different Claim Tribunals within the territorial jurisdiction of different High Courts, such direction is necessary. Therefore, we deem it appropriate to exercise our power under Article 142 of the Constitution of India. It is

directed that Registrar General of the High Courts shall issue appropriate orders for transferring the subsequent proceedings and records to the Claims Tribunal where the first claim petition filed by the claimant(s) is pending. It is made clear here that the parties are not required to file any transfer petition before this Court seeking order of transfer in such individual cases pending in the jurisdiction of different High Courts." (Emphasis supplied)

8. The Hon'ble Apex Court in a situation like this

directed the Registrar (General) of High Courts to issue

appropriate orders of transfer the subsequent proceedings and

records to the claim's tribunal, where the 1st claim petition

filed by the claimants is pending. It is also directed that

parties are not required to file any transfer petition before the

Hon'ble Apex Court seeking the similar relief. After

considering the fact that M.V.O.P.No.16 of 2018 on the file of

XIII Additional District Judge -Cum- Motor Accidents Claims

Tribunal, Narasaraopet, Guntur District, Andhra Pradesh is

filed on 11.06.2018 whereas M.V.O.P.No.1248 of 2018 on the

file of Motor Accidents Claim Tribunal-Cum-X Additional Chief