1 2025:CGHC:20318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 48 of 2025 1 - Smt. Anjali Karsh W/o Late Murit Ram Karsh (Wife Of Deceased) Aged About 30 Years R/o Village Godhi, Tahsil Bhaisma, District Korba (C.G.) At Present R/o Village Farswani, Tashsil Dabhra, District Sakti (C.G.) 2 - Yashi Karsh D/o Late Murit Ram Karsh (Daughter Of Deceased) Aged About 5 Years Minor Through Smt. Anjali Karsh, W/o Late Murit Ram Karsh, R/o Village Godhi, Tahsil Bhaisma, District Korba (C.G.) At Present R/o Village Farswani, Tashsil Dabhra, District Sakti (C.G.) ... Petitioners versus 1 - Mansoor Aalam S/o Abdul Majeed Aalam Aged About 45 Years R/o Lohardaga, Police Station Kisko, District (Jharkhand) Vehicle Driver 2 - Sharik Anwar S/o Mo. Naim Jakariya C/o Niyaj Mallik Darbaritoli Karbala Road Jashpru (C.G.) Vehicle Owner 3 - Branch Manager Chola Mandal General Insurance Company Limited, Third Floor Tiwari Inqlu Lohardaga Road, Lalpur Ranchi (Jharkhand) Branch Chola Mandal General Insurance Company Limited Office, Ward No. 25 Shri Gurugovind Singh Ward Simran Tower Lic Building Raipur, District Raipur (C.G.) 4 - Pancho Bai Karsh W/o Late Purushottam Lal Karsh (Mother Of Deceased) Aged About 64 Years R/o Village Godhi, Tahsil Bhaisma, District Korba (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr Deepak Kumar Singh, Adv. For Respondent No. 2 to 4 : None though served. For Respondent No. 5 : None. (Hon’ble Shri Naresh Kumar Chandravanshi, J) Order on Board 02/05/2025 1. Heard. 2. The petitioners, who are wife and child of deceased died in a motor accident, have filed the instant petition under Section 24 of the Code of Digitally signed by AVANISH KUMAR PATHAK Date: 2025.05.08 15:01:46 +0530 2 Civil Procedure (for short ‘CPC’) for transfer of MACT No. 88/2024 (Pancho Bai Vs. Sarik Anwar) pending before the Motor Accident Claims Tribunal, Korba, District Korba (CG) to the Motor Accident Claims Tribunal, Sakti, Disti. Sakti (CG). 3. Learned counsel for the petitioners would submit that because of death of Murit Ram in motor accident on 24-7-2024, who was husband of petitioner No. 1 and father of petitioner No. 2, they have filed claim case under Section 166 of the Motor Vehicles Act, 1988 (henceforth, referred to as ‘MV Act’) before the 2nd Motor Accident Claims Tribunal, Sakti, Distt. Sakti, which is pending as Claim Case No. 65/2024 (Smt. Anjali Karsh and anr. Vs. Mansoor Alam and others ). In aforesaid case, Pancho Bai Karsh, who is mother of the deceased, is also a party as respondent No. 4, but she has filed another claim case under Section 166 of the MV Act bearing MACT No. 88/2024, before Motor Accident Claims Tribunal, Korba. He further submits that, distance from Sakti to Korba is 105 km., the petitioner No. 1 is mother of petitioner No. 2/minor daughter aged about 5 years, therefore, it would be difficult for her to travel from Sakti to Korba along with her minor daughter. Respondent No. 4 (mother of deceased) resides at Korba along with her other sons, therefore, if MACT No. 88/2024 is transferred from Korba to Sakti, then it would not be more inconvenient for respondent No. 4, as she can attend the hearing either herself or through her son, but being a mother of minor girl child aged about 5 years, it would be difficult for the petitioners to attend hearing of the case filed by respondent No. 4 in the Court of Korba, therefore, it is prayed that, MACT No. 88/2024 be transferred from the Motor Accident Claims 3 Tribunal, Korba, District Korba (CG) to the Motor Accident Claims Tribunal, Sakti, Disti. Sakti (CG). 4. Despite service of notice, neither respondents No. 2 to 4 are present, nor any representation is made on their behalf, whereas, respondent No. 4 is the main contesting party in this case. 5. I have heard learned counsel for the petitioners and perused the material available on record. 6. Grounds taken in instant petition for transfer of the claim case from Motor Accident Claims Tribunal, Korba to Motor Accident Claims Tribunal, Sakti are that, the distance between Sakti, where the petitioners reside and Korba, where the case is pending, is about 105 km and Petitioner No. 1/wife of deceased lives along with her minor daughter, at Sakti. The mother and wife of the deceased both have filed claim petitions under Section 166 of the MV Act in MACT, Korba and MACT, Sakti respectively. Though, mother (respondent No. 4) of the deceased is said to be aged about 64 years, but as contended by learned counsel for the petitioners that, the mother resides at Korba along with her other sons. The distance between these two places is 105 km., and petitioner No. 1 Smt. Anjali Karsh, (wife of deceased) is mother of a minor girl child aged about 5 years, therefore, in the opinion of this Court, it would be very difficult for her to travel about 210 km. up and down with a minor girl child aged about 5 years. 7. In view of aforesaid facts, I feel inclined to allow instant transfer petition. Consequently, the instant transfer petition is allowed. It is ordered that the MACT Case No. 88/2024 (Pancho Bai Vs. Sarik Anwar 4 and ors.) pending before the Motor Accident Claims Tribunal, Korba, Distt. Korba be transferred to the Motor Accident Claims Tribunal, Sakti, Distt. Sakti (C.G.) for its trial/disposal in accordance with law. 8. The the Motor Accident Claims Tribunal, Korba, Distt. Korba is directed to transmit the record of the aforesaid case bearing MACT Case No. 88/2024) to the Motor Accident Claims Tribunal, Sakti, Distt. Sakti (C.G.), within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferred Court is directed to consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 9. In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak