Madhya Pradesh High Court
Smt Muskan vs Smt Ram Kumari Kushwaha on 16 October, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
1 MCC-2609-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 16th OF OCTOBER, 2025
MISC. CIVIL CASE No. 2609 of 2025
SMT MUSKAN
Versus
SMT RAM KUMARI KUSHWAHA AND OTHERS
Appearance:
Mr. Ramesh Prasad Gupta - Advocate for applicant.
Mr. Virendra Singh - Advocate for respondents Nos. 1 to 3.
Mr. Harshvardhan Sharma - Advocate for respondent No. 4.
ORDER
This application under Section 24 of CPC has been filed for transfer of
Claim Case No. 1676/2023 pending before 8th Motor Accident Claims
Tribunal, Gwalior, to Motor Accident Claims Tribunal, Datia.
2. It is submitted by counsel for applicant that applicant is the widow
of late Shri Devendra Kushwaha, who died in a vehicular accident on
30/8/2023. The accident took place near Prakshi Hotel, Unnao Road, Datia,
District Datia. The claim petition was filed by applicant on 18/10/2023
before Motor Accident Claims Tribunal, Datia. It appears that mother of the
deceased, namely Smt. Ram Kumari Kushwaha, and two married sisters of
the deceased, namely Smt. Neha Kushwaha and Smt. Radha Kushwaha, filed
another claim petition before 8th Motor Accident Claims Tribunal, Gwalior,
which has been registered as MACC No. 1676/2023. It is submitted that it is
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clear from the cause title that mother of the deceased is also the resident of
Datia, and in order to frustrate and harass the applicant, mother of the
deceased has deliberately filed the claim petition before 8th Motor Accident
Claims Tribunal, Gwalior, by joining her married daughters, Smt. Neha
Kushwaha and Smt. Radha Kushwaha, as co-claimants. It is submitted that it
is not the case of married sisters of the deceased that they have been deserted
by their in-laws and are residing in her parental home and were dependent
upon the deceased. On the contrary, it is clear from the cause title that Smt.
Neha Kushwaha is a resident of 168, Chak Islampur, Village Sekra Jageer,
Tehsil Dabra, District Gwalior, and Smt. Radha Kushwaha is the resident of
Kshatrapura, Ward No. 1, Tehsil Gohad, District Bhind.
3. It is fairly considered by counsel for respondents Nos. 1 to 3 that
Smt. Neha Kushwaha and Smt. Radha Kushwaha are residing in their
matrimonial house, and addresses given in the claim petition are that of their
matrimonial houses.
4. It is submitted by counsel for applicant that since the claim petition
has been filed by respondents Nos. 1 to 3 deliberately in Gwalior with an
intention to frustrate the legitimate claim of applicant, therefore in order to
avoid any contradictory judgment, it would be appropriate to transfer MACC
No. 1676/23 to the Motor Accident Claims Tribunal, Datia.
5. Per contra, it is submitted by counsel for respondents Nos. 1 to 3
that respondents Nos. 1 to 3 had filed their claim petition on 11/10/2023, i.e.,
seven days prior to presentation of claim petition by applicant, and therefore,
claim petition filed by applicant is liable to be stayed under Section 10 of
3 MCC-2609-2025
CPC. However, it is fairly conceded that his application under Section 10
CPC is pending before the Motor Accident Claims Tribunal, Datia and has
not been decided so far. It is further submitted that since respondent No. 1
has shifted to Dabra, and is residing with respondent No. 2, therefore, it is
incorrect to say that respondent No. 1 is at present residing in Datia.
6. So far as respondent No. 4 is concerned, counsel for respondent No.
4 has supported the transfer of case from Gwalior to Datia on the ground that
respondent No. 4 is also the resident of Datia, and accident also took place in
Datia.
7. Heard learned counsel for parties.
8. The undisputed facts are that an accident took place in Datia on
30/8/2023. Applicant, who is the widow of late Devendra Kushwaha, is the
resident of Datia. Respondent No.1, who is the mother of deceased Devendra
Kushwaha, is also the resident of Datia as on the date of presentation of
claim petition and the respondent no. 4 who is the driver and owner of the
offending vehicle is also the resident of Datia.
9. Since respondents No. 1 had joined the married sisters of deceased
as co-claimants, therefore, counsel for respondents Nos. 1 to 3 was directed
to justify as to how the married sisters of deceased Devendra Kushwaha,
who are residing in their matrimonial houses, can claim themselves to be the
dependents of deceased brother. This question was not answered by counsel
for respondents Nos. 1 to 3, and on the contrary, he tried to divert the
attention of this Court by submitting that the claim petition filed by
respondents Nos. 1 to 3 is prior in time.
4 MCC-2609-2025
10. Be that whatever it may be.
11. Prima facie, respondents Nos. 2 and 3 do not appear to be the
dependents of deceased Devendra Kushwaha as they are happily residing in
their matrimonial houses.
12. So far as the contention of counsel for respondents Nos. 1 to 3 that
now respondent No. 1 has shifted to Dabra, District Gwalior, and is residing
along with co-applicant No. 2/respondent No. 2 is concerned, the same is not
relevant for the purposes of this application.
13. Counsel for respondents Nos. 1 to 3 was directed to address this
Court that whether the place of residence of the parties in the claim petition
on the date of presentation of suit/claim petition is material or if they change
their place of residence in midway, then whether the cases are also liable to
be transferred to their changed place of residence for their convenience or
not?
14. Counsel for respondents Nos. 1 to 3 fairly conceded that merely
because if somebody changes his place of residence in the middle of the suit,
then the suit is not liable to be transferred and the changed place would not
give any cause of action.
15. Furthermore, whether respondent No. 1 has really shifted to Dabra
or not is also a question of fact.
16. Respondent No. 2 is residing in her matrimonial house, and she is
the married daughter of respondent No. 1. If respondent No. 1 had shifted to
the house of respondent No. 2, then she should have filed an application for
amendment of the cause title which was not done by her.
5 MCC-2609-2025
17. Furthermore, it appears that respondents Nos. 1 to 3 had also filed
MCC No. 73/2025 for transfer of MACC No. 252/2023, filed by applicant,
to Gwalior. This MCC was filed on 9/1/2025. It is clear from the cause title
of this MCC that respondent No. 1 had given her address as Bhadoriya ki
Khidaki, Datia. Therefore, contention raised by counsel for respondents Nos.
1 to 3 that respondent No. 1 has shifted to Dabra is false.
18. It is really shocking that for irrelevant things, litigants do not
hesitate in making false statement before the Court. The Courts are meant for
dispensing justice, and not for satisfaction of egos of litigants.
19. Applicant, being the widow of deceased, has a right in the
compensation amount, but it appears that respondents Nos. 1 to 3 are trying
to create all sorts of hurdle in front of applicant so that she may not get her
legitimate right.
20. Be that whatever it may be.
21. By strongly deprecating the conduct of respondent No. 1 in
making a false statement before this Court that she has shifted to matrimonial
home of her married daughter, it is held that respondent No. 1 was the
resident of Datia on the date of presentation of claim petition and that is the
crucial date for ascertaining the place of residence.
22. MCC No. 73/2025, filed by respondents Nos. 1 to 3, has already
been dismissed by Co-ordinate Bench of this Court by order dated
17/5/2025. Now the situation is that two claim petitions are pending before
two different courts, which have arisen out of one accident, therefore, there is
every possibility of two conflicting judgments.
6 MCC-2609-2025
23. Under these circumstances, specifically when applicant,
respondent No. 1, who is the mother of deceased Devendra Kushwaha, and
respondent No. 4, who is the owner and driver of alleged offending vehicle,
are the residents of Datia, MACC No. 1676/2023, filed by respondents Nos.
1 to 3, which is pending before 8th Motor Accident Claims Tribunal,
Gwalior, is hereby transferred to Motor Accident Claims Tribunal, Datia,
who is seisin of Claim Petition No. 252/2023.
24. Motor Accident Claims Tribunal, Gwalior, is directed to
immediately transfer the entire record to the Motor Accident Claims
Tribunal, Datia, District Datia.
25. With aforesaid observation, this transfer petition is allowed.
(G. S. AHLUWALIA)
JUDGE
AK
