Aggrieved Party Must Approach Writ Court Under Article 227 Of Constitution For Inter-district Transfer Of Motor Accident Claim Cases: Orissa HC
|The Orissa High Court held that for interdistrict transfer of motor accident claim cases, the aggrieved party must approach the Writ Court under Article 227 of the Constitution.
The Court held thus in a writ petition preferred by the legal heirs of the deceased man who died in a road accident.
A Single Bench of Justice Sanjay Kumar Mishra observed, “The party aggrieved, has to move before the concerned District Judge, seeking for intradistrict transfer of claim cases filed under the M.V. Act and for interdistrict transfer, the party aggrieved has to approach the Writ Court under Article 227 of the Constitution of India. This Court is of the further view that the present Writ Petition under Article 227 is maintainable and the Petitioners have rightly approached Writ Court for interdistrict transfer of the claim case.”
Advocate B. Mohanty appeared on behalf of the petitioners while Advocate P.K. Mahali appeared on behalf of the opposite parties.
Factual Background -
The deceased man died in 2021 in a motor vehicular accident involving a truck and a case was registered against the driver of the offending vehicle. Thereafter, the petitioners being the wife and children of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 (MV Act) before the Tribunal claiming compensation of Rs. 80 lakhs from the owner as well as Insurer of the offending vehicle with a joint and several liability impleading the opposite parties.
After filing of the said claim application, it came to the notice of the petitioner no.1 (deceased’s wife) that the married daughter (opposite party no.3) and major son (opposite party no.4) begotten from his first wife, who died much prior to the marriage of the petitioner, filed a case before the Tribunal, as legal representatives claiming compensation of Rs. 40,00,000/- without making the petitioners as Opposite Parties to the said proceeding by indicating their names and relationship with the deceased. The case of the petitioners was that, it is a settled principle of law that, major, married and settled son and daughter of the motor accident victim are not entitled to any compensation in presence of the widow and minor children of the deceased.
The High Court after hearing the contentions of the counsel noted, “… this Court is in respectful agreement with the views taken by the coordinate Bench in Sarat Kumar Moharana(supra) so also judgment of the Allahabad High Court in Shankar Lal Jaiswal (supra).”
The Court in view of the specific provision under Rule 12 of the Odisha Motor Vehicles (Accident Claims Tribunal) Rules, 2019, said that where there is a specific provision for intradistrict so also interdistrict transfer of claim cases under the M.V. Act, Section 24 of the C.P.C is not applicable for transfer of file from one Claims Tribunal to other Claims Tribunal.
“… the Presiding Officer, 5th M.A.C.T., Khordha (Opposite Party No.6), is directed to transmit the record in MAC Case No.60 of 2021 to the Presiding Officer, 1st M.A.C.T., Cuttack (Opposite Party No.5), immediately for analogous hearing of the said claim case along with MAC Case No.889 of 2021”, it directed.
Accordingly, the High Court allowed the petition and directed to conclude the claim cases at the earliest.
Cause Title- Gulsan Bibi and others v. Swapan Kumar Ghos & others