Rajasthan High Court - Jaipur
Guman Singh S/O Ramesh Chand Meena vs Rampati Devi W/O Ramesh Chand Meena ... on 6 February, 2023
Author: Sameer Jain
Bench: Sameer Jain
[2023/RJJP/001884]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 116/2022
1. Guman Singh S/o late Ramesh Chand Meena, Resident Of
Village Darjapur, Tehasil Sikray, District Dausa, Rajasthan.
At Present 11 Thai Ke Paas, Sankarwada Tehasil
Todabheem, District Karauli, Rajasthan.
2. Kamma Devi Alias Kamala Devi W/o late Ramesh Chand
Meena, Resident Of Village Darjapur, Tehasil Sikray,
District Dausa, Rajasthan. At Present 11 Thai Ke Paas,
Sankarwada Tehasil Todabheem, District Karauli,
Rajasthan.
----Applicants
Versus
1. Rampati Devi W/o late Ramesh Chand Meena, aged 47
years, Resident Of Village Darjapur Post Thikariya Tehasil
Sikray District Dausa, Rajasthan.
2. Vijay Kumar Meena S/o late Ramesh Chand Meena, aged
27 years, Resident Of Village Darjapur Post Thikariya
Tehasil Sikray District Dausa, Rajasthan.
3. Rakesh Meena S/o late Ramesh Chand Meena, aged 20
years Resident Of Village Darjapur Post Thikariya Tehasil
Sikray District Dausa, Rajasthan.
4. Anita Meena D/o late Ramesh Chand Meena, aged 22
years, Resident Of Village Darjapur Post Thikariya Tehasil
Sikray District Dausa, Rajasthan.
5. Keshar Devi W/o Lauhadyaram, aged 52 years Resident
Of Village Darjapur Post Thikariya Tehasil Sikray District
Dausa, Rajasthan.
6. Lauhadyaram S/o Shyochan, Resident Of Village Darjapur
Post Thikariya Tehasil Sikray District Dausa, Rajasthan.
7. Umakant S/o Mahesh Prasad, aged 40 years, Resident Of
Prasidhapur, Police Station Akabarpur, District Kanpur,
Dehat, Uttar Pradesh. (Driver of Vehicle Temporary
Registration No.RJ14-GN-TEMP-8010 Engine No.-
ISBE5.91804091F63796139 and Chassis
No.MAT541093K1F12617).
8. Kailash Motors, Chakarpur Bhunti Kanpur, U.P. (Owner of
Vehicle Temporary Registration No.RJ14-GN-TEMP-8010
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[2023/RJJP/001884] (2 of 5) [CTA-116/2022]
Engine No.- ISBE5.91804091F63796139 and Chassis
No.MAT541093K1F12617).
9. Ramnarayan Saini Son of Sanvarmal Saini, aged 27
years, Resident Plot No.40, Major Banesingh Colony,
Chand Bihari Nagar, Khatipura Jaipur, Thana-Vaishali
Nagar, Jaipur Raj. 302012 (Power of Attorney Vehicle
Owner and Notice Section 133 M.V. Act Temporary
Registration No.RJ14-GN-TEMP-8010 Engine
No.ISBE5.91804091F63796139 and Chassis
No.MAT541093K1F12617.
10. Abhijeet Logistics, through proprietor Sudam M. Dumal
R/o Flat No.E/12 Plot No.85/R Dvarka Platinum, Sector
No.7, PCNTDA Bhosari, Pune- 4110026.
Second Address- 5 Flor Prestees Tawar, Amrapali Circle,
Vaishali Nagar, Jaipur Raj.
Owner of vehicle temporary registration No.RJ14-GN-
TEMP-8010 Engine No.ISBE5.91804091F63796139 and
Chassis No.MAT541093K1F12617.
11. Abhijeet Logistics through Manager Laxmanram Saini, 5
Flor Prestees Tawar, Amrapali Circle, Vaishali Nagar, Jaipur
Raj.
Second address- Rampura, Tehasil Khandela, District
Sikar, Raj. 332709.
(Owner of Vehicle temporary registration No.RJ14-GN-
TEMP-8010 Engine No.ISBE5.91804091F63796139 and
Chassis No.MAT541093K1F12617.
12. Tata Motors Limited, Jamshedpur, Jharkhand- 831010
Second Address- Tata Motors Limited, Village- Bagru,
Jaipur, Ajmer Road, Jaipur Raj. 303007 (Insured Vehicle
Temporary Registration No.RJ14-GN-TEMP-8010 Engine
No.ISBE5.91804091F63796139 and Chassis
No.MAT541093K1F12617.
13 The New India Assurance Company Limited, Through
Regional Manager, Regional Office- Nehru Place Tonk
Road, Jaipur Thana Lalkothi.
Beema Cover Note No.-Ctp43796.
Insurance Company Vehicle Temporary Registration
No.RJ14-GN-TEMP-8010 Engine No.-
ISBE5.91804091F63796139 and Chassis
No.MAT541093K1F12617.
----Respondents
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[2023/RJJP/001884] (3 of 5) [CTA-116/2022] For Petitioner(s) : Mr. Vivek Gaur For Respondent(s) : Mr. D.S. Bagadia for Mr. Mahesh Dattatreya Mr. Anil Kumar Mr. Pankaj Gupta with Mr. Naman Yadav Mr. Saurabh Yadav Mr. Hemang Singh HON'BLE MR. JUSTICE SAMEER JAIN Order 06/02/2023
1. This transfer application has been filed by the applicants under Section 24 read with Section 151 of the Code of Civil Procedure seeking transfer of Claim Petition No. 15/2020, titled as Rampati Devi and Ors. vs. Umakant and Ors., filed by the non-applicant nos. 1 to 4 under Section 140 and 166 of the Motor Vehicle Act, 1988 from Motor Accident Claim Tribunal No.1, Jaipur Metro to Motor Accident Claim Tribunal, Dausa.
2. Learned counsel for the applicants have submitted that applicant nos. 1 and 2 are the son and wife of the deceased, who died in an accident on 03.11.2019 in District Dausa. It was submitted that the applicants were financially dependent upon the deceased for their livelihood. Therefore, they filed a Claim Petition bearing No. 91/2020 before the Motor Accident Claim Tribunal, Dausa. However, during the pendency of the said petition, the non-applicant-insurance company filed an application before the Tribunal, wherein it was stated that another claim petition, arising from the said accident, has been filed before the Motor Accident (Downloaded on 13/02/2023 at 10:52:01 PM) [2023/RJJP/001884] (4 of 5) [CTA-116/2022] Claim Tribunal No.1, Jaipur by the second wife and children of the deceased. Therefore, it was urged by the insurance company that the adjudication of the said claims by two different Tribunals, on the same facts and circumstances, shall not be in the interest of justice. Accordingly, learned Tribunal allowed the said application in favour of the non-applicant-insurance company. In this background, learned counsel for the applicants urged that the Claim Petition filed by the second wife and children of the deceased be transferred from Motor Accident Claim Tribunal No.1, Jaipur Metro to Motor Accident Claim Tribunal, Dausa. In support of his prayer, learned counsel submitted that the accident in question had taken place within the territorial jurisdiction of District Dausa. Moreover, the applicants as well as the non- applicants reside in District Dausa as well. Furthermore, a criminal case, arising out of the aforementioned accident, has been filed in Dausa too. Therefore, in the interest of justice, the Claim Petition bearing No. 15/2020 be transferred to the Motor Accident Claim Tribunal, Dausa.
3. Per contra, learned counsel for the non-applicants vehemently opposed the present transfer application. It was submitted that the Claim Petition bearing No. 15/2020 was filed prior to Claim Petition No. 91/2020, in Jaipur. Thereafter, just in order to prejudice the expeditious disposal of the said petition filed in Jaipur, the non-applicants filed the latter in the jurisdiction of Dausa. Hence, it was urged that the proceedings initiated before the Motor Accident Claim Tribunal, Jaipur must be retained therein for the just and expeditious disposal of the matter. (Downloaded on 13/02/2023 at 10:52:01 PM)
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4. Considering the contentions put forth by the learned counsel for the parties and considering the fact that the accident in question occurred within the territorial jurisdiction of District Dausa; that the applicants/claimants as well the non-applicants reside within District Dausa as well; that a criminal case, arising out of the said accident, has been filed within the local limits of Dausa and considering the provisions of Section 166 of the Motor Vehicles Act, 1988, this Court deems it just and proper to transfer the Claim Petition No.15/2020 from Motor Accident Claim Tribunal No.1, Jaipur Metro to Motor Accident Claim Tribunal, Dausa.
5. Accordingly, the transfer application is allowed. The Claim Petition No. 15/2020 be transferred from Motor Accident Claim Tribunal No.1, Jaipur Metro to Motor Accident Claim Tribunal, Dausa.
6. Both parties are directed to appear before the transferee Tribunal on 02.03.2023. By that time, the record of the case be transmitted to the transferee Tribunal by the Tribunal concerned. It is made clear that if any of the parties would not appear on the date fixed by this Court, the learned Tribunal would be at liberty to proceed in accordance with law.
7. It is expected that the learned Motor Accident Claim Tribunal, Dausa shall dispose of the matter as expeditiously as possible; preferably within the prescribed time period as stipulated within the Act.
8. Stay application and any other pending applications, if any, stands disposed of.
(SAMEER JAIN),J JKP/7 (Downloaded on 13/02/2023 at 10:52:01 PM) Powered by TCPDF (www.tcpdf.org)