1 2025:CGHC:37506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 104 of 2025 1 - Smt. Ritu Goswami W/o Late Keshav Gir Goswami Aged About 29 Years R/o Village- Pandhi, Tehsil And Thana- Seepat District- Bilaspur (C.G.) 2 - Purab Gir Goswami S/o Late Keshav Gir Goswami Aged About 5 Years Minor Childrens Through Their Mother Ritu Goswami, R/o Village- Pandhi, Tehsil And Thana- Seepat District- Bilaspur (C.G.) 3 - Shivansh Gir Goswami S/o Late Keshav Gir Goswami Aged About 4 Years Minor Childrens Through Their Mother Ritu Goswami, R/o Village- Pandhi, Tehsil And Thana- Seepat District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - Gautam Kumar S/o Vinod Kumar Singh Aged About 28 Years R/o Village- Amba, Post- Saduri Karma, Police Station Nararikala Khurd, District- Aurangabad, Bihar. (Driver Of Truck No. B. R. 02 G.A. 7625) 2 - Govind Kumar S/o Vinod Kumar Singh Aged About 29 Years R/o Village- Amba, Post - Saduri Karma, Police Station - Nararikala Khurd, District- Aurangabad, Bihar. (Owner Of Truck No. B. R. 02 G.A. 7625) 3 - Bajaj Aliance General Insurance Company Ltd. Through Its General Manager, Office Address 3rd Floor, Gurukripa Tower, Vyapar Vihar, Beside The Icici Bank, Thana- Tarbahar, Tahsil And District- Bilaspur (C.G.) (Insurer Of Truck No. B. R. 02 G.A. 7625) 4 - Smt. Sushila Goswami W/o Late Balbhadra Gir Goswami Aged RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.08.05 11:59:05 +0530 2 About 62 Years R/o Village- Chhindpur, Bhilaibazar, P.S. - Hardibazar, District- Korba (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Petitioner : Ms. Astha Sharma, Advocate. For Respondent No.4 on caveate : Mr. Aakash Ahuja, Advocate. Hon’ble Shri Justice Naresh Kumar Chandravanshi Order on Board 31/07/2025 1. Heard. 2. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure, 1908 (for short ‘CPC’) for transfer of MACT No.127/2024 (Sushila Goswami and others Versus Goutam Kumar and others) pending before the Upper Motor Accident Claim Tribunal, Katghora, District Korba (C.G.) to the Second Additional Motor Accident Claim Tribunal, Bilaspur, District Bilaspur (C.G.). 3. Learned counsel for the petitioner submits that marriage of petitioner/wife was solemnized with Keshav Gir Goswami (late husband) on 06.05.2019 through local customs in presence of both the family members, thereafter, they have been blessed with two children, out of which, their son Purab Gir Goswami is aged about 4 years and Shivansh Gir Goswami is aged about 6 months at present. She further submits that her husband late Keshav Gir 3 Goswami died in motor accident on 19.11.2024 and after death of her husband-Keshav Gir Goswami, the petitioners filed motor accident claim case under Section 166 of Motor Vehicle Act, 1988 before Second Additional Motor Accident Claim Tribunal, Bilaspur on 09.01.2025 which is pending for consideration as MACT No.71/2024. But mother and other relatives of the deceased also filed MACT application under Section 166 of Motor Vehicle Act, 1988 before Upper Motor Accident Claim Tribunal, Katghora which is pending for consideration as MACT No.127/2024 (Sushila Goswami and others Versus Goutam Kumar and others). 4. Learned counsel for the applicant further submits that after death of the husband of the petitioner No.1, she along with her children (petitioners No.2 and 3) are residing at Bilaspur. The distance between Bilaspur to Katghora is about 80 Kms. Being mother of two minor children, it will be very difficult for the petitioner No.1 to travel from Bilaspur to Katghora. She further submits that though children of the deceased are residing with petitioner No.1, in-spite of that she has been impleaded as non-applicant in MACT No.127/2024 and petitioners No.2 & 3 have been impleaded as applicant No.2 & 3 respectively, rather brother and sister-in-law (HkkbZ&cgw)/nephew of deceased have been impleaded, who are not necessary to be impleaded as they are not dependent upon the deceased, whereas, dependent persons of the deceased are petitioners of the instant transfer petition. Hence, she prayed that this TPC be allowed and MACT No.127/2024 filed by the 4 respondent No.4 and others be transferred from Upper Motor Accident Claim Tribunal, Katghora, District Korba to the Court of Second Additional Motor Accident Claim Tribunal, Bilaspur. 5. Per Contra, learned counsel for the respondent No.4, who is main party in MACT No.127/2024, would submit that the distance between Katghora and Bilaspur is only 80 kms and there is direct road connectivity between these two places, therefore, it would not be difficult for the petitioners to travel from Bilaspur to Katghora, hence, he prayed that prayer made in this petition may be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. For the accident in question, wife and mother, both have filed separate MACT cases before the different Tribunals of different places. 8. In MACT No.127/2024 filed by the respondent No.4 and others before the Upper Motor Accident Claim Tribunal, Katghora, District Korba, the petitioner No.1 herein has not been impleaded as applicant, though minor children of the deceased have been impleaded, but they are not residing with respondent No.4/Sushila Goswami (grand mother), rather they are residing with their mother i.e. petitioner No.1 herein. As such, though mother is also necessary party in MACT cases, but petitioners herein are much 5 more dependent upon deceased as provided in Motor Vehicle Act, 1988. Further, petitioner No.1 is mother of two minor children petitioner No.2 and petitioner No.3 herein, therefore, it would be difficult for the petitioners to travel from Bilaspur to Katghora. 9. Considering the aforesaid facts of the case that petitioner is wife of the deceased having two minor children who are residing with her and distance between Bilaspur to Katghora is 160 Kms to & fro, in the considered opinion of this Court, it is a fit case for transfer of the said MACT case, as prayed for. 10. The Upper Motor Accident Claim Tribunal, Katghora, District Korba, is directed to transfer MACT No.127/2024 (Sushila Goswami and others Versus Goutam Kumar and others) to the Second Additional Motor Accident Claim Tribunal, Bilaspur within a period of 15 days from the date of receipt/submission of copy of this order. 11. Accordingly, the instant transfer petition is allowed. 12. In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi