UMA AND 5 OTHERS v. UNITED INDIA INSURANCE CO. LTD. THRU. DIVISIONAL MANAGER (LEGAL) LKO. AND ANOTHER
A227/1413/2025 · 2025-03-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128162 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16881 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1413 of 2025 Petitioner :- Uma And 5 Others Respondent :- United India Insurance Co. Ltd. Thru. Divisional Manager (Legal) Lko. And Another Counsel for Petitioner :- Santosh Kumar Tripathi,Paritosh Shukla Counsel for Respondent :- Anil Kumar Srivastava AND Case :- MATTERS UNDER ARTICLE 227 No. - 1532 of 2025 Petitioner :- Uma And 4 Others Respondent :- United India Insurance Co. Ltd. Thru. Divisional Manager Lko. And 2 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- Anil Kumar Srivastava AND Case :- MATTERS UNDER ARTICLE 227 No. - 1533 of 2025 Petitioner :- Uma And 5 Others Respondent :- United India Insurance Co. Ltd. Thru. Divisional Manager (Legal) And 2 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- Anil Kumar Srivastava Hon'ble Pankaj Bhatia,J.
1. All the three writ petitions are related to each other, as such, they are being decided by this common order. 2. Heard learned counsel for the petitioners and Shri Mahesh Kumar Yadav, learned counsel for Insurance Company/respondent no.1. 3. Present petitions have been filed seeking transfer of motor accident claims filed by the petitioners in all the three petitions from District Barabanki to District Gonda. 4. Present petitions have been filed under Art. 227 of Constitution of India in view of the difference of opinion as to whether the application would lie under Section 24 of CPC for transfer of proceedings from one district to another or not as referred by this Court in its order dated 03.01.2023 passed in Transfer Application (Civil) No.68 of 2022. 5. It is informed at the Bar that after the reference, no decision has been taken so far and as such, it is not clear as to whether the petition for transfer would lie under Section 24 of CPC or under Art. 227 of Constitution of India. 6. Irrespective of the said contention, the fact remains that Motor Vehicle Act is a socio-beneficial legislation and intent of the Court should be that the benefits flowing by virtue of the said statute are available with all expedition, thus, I deem it appropriate to exercise my powers under Art. 227 of Constitution of India. 7.
Admittedly, all the petitioners are minor except petitioner no.1 who is daughter of the deceased and is aged about 18 years; all the claimants are residing at Gonda and it is inconvenient for them to visit Barabanki for contesting the claim. The Insurance Company has offices everywhere and thus, it would not cause any inconvenience to the Insurance Company to contest the proceedings. In view thereof, present petitions are allowed. 8. Motor Accident Claim Nos.134 of 2019, 135 of 2019 & 136 of 2019 titled "Uma and Ors. vs. United India Insurance and Ors." are transferred from the Court of MACT, Barabanki to MACT, Gonda with directions that the claimants will cooperate with early disposal of the claim petitions and shall lead evidence with all expedition. 9. The Insurance Company would also be entitled to plead that it would not be liable to pay interest in view of the delay being caused by the claimants. 10. All the issues/claims shall be decided by MACT at Gonda in accordance with law with all expedition, preferably within a period of one year from today. Order Date :- 25.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench