2025:JHHC:16239 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No. 87 of 2024 -------- M/s. Go Digit General Insurnace Co. Ltd., the legal manager, Atlantis, 95, 4th B Cross Road, Koramangala Industrial Layout, 5th Block, P.O. & P.S. Koramangala, Bengaluru, Karnataka The petitioner is being represented through its Associate Manager, Legal Having its office at 3rd Floor, Citadel Building Main Road, P.S. Lower Bazar, P.O. & District-Ranchi ... ... Petitioner Versus 1. Pushpa Devi, wife of Late Mritunjay Kumar Paswan 2. Sweta Kumari, daughter of Late Mritunjay Kumar Paswan 3. Abhay Kumar Paswan, son of Late Mritunjay Kumar Paswan (Respondent No. 2 and 3 are minors being represented through their mother, O.P. No. 1) All residing at Village Mahesha, P.O. Mandhaniya, P.S. Itkhori, District-Chatra (Proforma Defendants No. 1 to 3) 4. Reshmi Devi, wife of Late Bhuneshwar Paswan, resident of Hirapur, P.O. & P.S. Dhanbad, District Dhanbad 5. Brijesh Kumar Gupta, son of Satyanarayan Gupta, resident at 37/1, Manick Bose Ghat Street, Hatkhola, P.O. & P.S. Hatkhola, Kolkata, West Bengal-700005 … … Opp. Parties ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Alok Lal, Advocate For the Opp. Parties : Mr. Jayant Kumar Pandey, Advocate -------- Order No. 06/ Dated: 20th June, 2025 Heard learned counsel for the parties. 2. The present transfer petition has been filed by the petitioner for amalgamation and transfer of Motor Accident Claim Case No. 349 of 2021 pending in the Court of District Judge cum MACT, Dhanbad to Hazaribag and amalgamation with Claim Case No. 123 of 2021 pending in the Court of learned Motor Vehicle Accident Claims Tribunal, Hazaribag as both the claim cases have been filed by the respective claimants on the account of death of Late Mritunjay Kumar Paswan who died in accident on 26.03.2021 as both the cases are arising out of same accident and the claims have been raised by the wife and children of deceased at Hazaribag and the mother of the deceased at Dhanbad. 3. At the time of argument, it is submitted by the petitioner that the Motor Accident Claim Case No. 349 of 2021 pending in the Court of 2025:JHHC:16239 2 T.P. (C) No. 87 of 2024 District Judge cum MACT, Dhanbad has already been disposed of and award has been prepared wherein all the legal representatives of the deceased have been arrayed as a party and some of them has been arrayed as proforma defendants having proportionate share in the proposed award amount. Therefore, the Claim Case No. 123 of 2021 filed by one Pushpa Devi and others for the same cause of action due to death of her husband has become infructuous in the light of final disposal of the Motor Accident Claim Case No. 349 of 2021 wherein the share has already been allotted to the claimants being Pushpa Devi and others. Therefore, the claimants of Claim Case No. 123 of 2021 pending in the Court of Learned Motor Vehicle Accident Claims Tribunal, Hazaribag are entitled to withdraw their share of compensation from the Court of District Judge cum MACT, Dhanbad. 4. On the other hand, learned counsel appearing for the opp. parties submits that claim petition was filed by Pushpa Devi and minor son and daughter at Hazaribag where she was residing after death of her husband. He has also submitted that it was informed to tribunal situated at Dhanbad that she has filed a separate application before the Learned Motor Vehicle Accident Claims Tribunal, Hazaribag and she did not appear before the Learned District Judge cum MACT, Dhanbad although she was a proforma defendant in the Motor Accident Claim Case No. 349 of 2021, therefore, while disposing of this application her right should be protected and she may be provided liberty to withdraw the amount of her share in the compensation awarded by the Learned District Judge cum MACT, Dhanbad in Motor Accident Claim Case No. 349 of 2021 after proper identification and also in her bank account directly. 5. Considering the aforesaid facts and circumstances, Opp. Party No. 1 to 3 are at liberty to withdraw the amount of their shares in the compensation awarded by the Learned District Judge cum MACT, Dhanbad in Motor Accident Claim Case No. 349 of 2021 after proper identification and also in their bank account directly, accordingly, the 2025:JHHC:16239 3 T.P. (C) No. 87 of 2024 instant transfer petition is disposed of as infructuous. 6. Let a copy of this order be sent to the Court of District Judge cum MACT, Dhanbad and Learned Motor Vehicle Accident Claims Tribunal, Hazaribag also. (Pradeep Kumar Srivastava, J.) Basant