1 2025:CGHC:40295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 177 of 2024 1 - Shivmati Sahu W/o Late Umashankar Sahu Aged About 34 Years R/o Village Gorba, Post Nagrada, P.S. And Tahsil Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. (Claimants) 2 - Minor Mahima Sahu D/o Late Umashankar Sahu Aged About 12 Years Through Legal Natural Guardian Mother Applicant No. 1. R/o Village Gorba, Post Nagrada, P.S. And Tahsil Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. 3 - Minor Manya D/o Late Umashankar Sahu Aged About 4 Years Through Legal Natural Guardian Mother Applicant No. 1. R/o Village Gorba, Post Nagrada, P.S. And Tahsil Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. 4 - Minor Sanvi D/o Late Umashankar Sahu, Aged About 03 Months. Through Legal Natural Guardian Mother Applicant No. 1. R/o Village Gorba, Post Nagrada, P.S. And Tahsil Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. 5 - Tamuram Sahu S/o Late Dhansai Sahu Aged About 77 Years R/o Village Gorba, Post Nagrada, P.S. And Tahsil Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. --- Applicants versus 1 - Ramprasad Trivedi @ Raju S/o Shivnarayan Aged About 48 Years R/o Village Rodhaiya, Bhikham Shah, P.S. Jagatpur, District Raibareli Uttar Pradesh At Present R/o Kusmi, P.S. Palari, District Balodabazar-Bhatapara, Chhattisgarh. (Driver Of The Offending Vehicle Bus Bearing Registration No. C.G. 04 P. 3102) 2 - Mohammad Ramij S/o Abbas Khan R/o Near Rajdhani Travels Video Word Bambey Market Raipur, District Raipur, Chhattisgarh- 492001, (Owner Of The Offending Vehicle Bus Bearing Registration No. C.G. 04 P. 3102) 3 - Insurance Company The New India Insurance Company Ltd. Branch Office Ambedkar Chowk, Raipur Road, Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. (Insurer Of The Offending Vehicle Bus Bearing Registration No. C.G. 04 P. 3102) --- Respondent(s) For applicants : Mr. A.D. Kuldeep, Adv. For Respondent No. 3 : Mr. H.B. Agrawal, Sr. Adv. with Ms. Preeti Ya- dav, Adv. For Respondent No. 2 : None, though served. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.08.12 17:39:49 +0530 2 For Respondent No. 1 : Reported to be dead. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 11/08/2025 1 Applicants/claimants have preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of the MACT Case No. 54/2023 (Shivmati Sahu and ors. Vs. Ramprasad Trivedi and ors.) pending before the Addl. Motor Accident Claims Tribunal, Sarangarh, Distt. Raigarh to Motor Accident Claims Tribunal, Balodabajar, Distt. Balodabajar- Bharatapara (CG). 2 Learned counsel for the applicants submits that, earlier MACT Case No. 54/2023 was filed in the Court of Motor Accident Claims Tribunal, Balodabajar. After formation of Raigarh district, that case was transferred from Motor Accident Claims Tribunal, Balodabajar to the Motor Accident Claims Tribunal, Sarangarh, which is pending consideration before the Addl. Motor Accident Claims Tribunal, Sarangarh. He further submits that, claimants are residents of village Gorba, Post Nagrada, PS and Tehsil Bilaigarh, Distt Balodabajar- Bhatapara. Applicant No. 1 is a lady and working as Constable in police department. Respondents No. 2 to 4 are minor children of the applicant No. 1 and applicant No. 5 is father of the deceased. Applicant No. 1 is presently posted at Police Line, Balodabajar, hence he prayed that MACT Case No. 54/2023 be transferred to Addl. Motor Accident Claims Tribunal, Sarangarh to the Motor Accident Claims Tribunal, Balodabajar, Distt. Balodabajar-Bhatapara. 3 3 Learned counsel for the respondent No. 3 opposed the trans- fer application. 4 Heard learned counsel for the parties and perused the mate- rial available in the transfer petition. 5 Learned Sr. counsel appearing for the respondent No. 3 did not object that upon formation of new district Raigarh, aforesaid case was transferred from Motor Accident Claims Tribunal, Balodabajar to Motor Acci- dent Claims Tribunal, Sarangarh. The claimants are residents of Balodabajar. Further applicant No. 1 is mother of minor applicants No. 2 to 4 and daughter in law of applicant No. 5. Being lady and working in the police department, it would be difficult for the applicant No. 1 to travel from Balodabajar to Sarangarh to attend court proceedings as, every time, she has to take leave from the department for attending court proceedings. 6 Considering the aforesaid facts of the case, in the considered opinion of this Court, it is a fit case for transfer of the MACT case, as prayed for. 7 Consequently, the instant transfer petition is allowed. It is or- dered that MACT Case No. 54/2023 (Shivmati Sahu and ors. Vs. Ramprasad Trivedi and ors.) pending before the Addl. Motor Accident Claims Tribunal, Sarangarh, Distt. Raigarh be transferred to Motor Accident Claims Tribunal, Balodabajar, Distt. Balodabajar-Bharatapara (CG) for its trial/disposal in ac- cordance with law. 4 8 The Addl. Motor Accident Claims Tribunal, Sarangarh, Distt. Raigarh is directed to transmit the record of the aforesaid case to the Motor Accident Claims Tribunal, Balodabajar, Distt. Balodabajar-Bhatapara (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 transferee Court is directed to consider and decide the case as early as pos- sible, preferably within a further period of 3 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