1 - 2026:CGHC:20859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 68 of 2026 1 - Smt. Kaushilya Bai W/o Shri Ashwani Prasad Sharma Aged About 43 Years All Are Permenent R/o Ward No. 07, Nayapara Garh Dongari, Block And Tahsil Nagari, Distt. Dhamtari (C.G.) 2 - Ashwani Prasad Sharma S/o Ganesh Prasad Sharma Aged About 45 Years All Are Permenent R/o Ward No. 07, Nayapara Garh Dongari, Block And Tahsil Nagari, Distt. Dhamtari (C.G.) 3 - Somdutt S/o Ashwani Prasad Sharma Aged About 19 Years All Are Permenent R/o Ward No. 07, Nayapara Garh Dongari, Block And Tahsil Nagari, Distt. Dhamtari (C.G.) ... Petitioner(s) versus 1 - Arun Kumar Korche S/o Sukhram Korche, Aged About 17 Years Through Natural Guardian Father Sukhram Korche, Aged About 42 Years, S/o Gopal Korche, R/o Village Kurri, Tahsil And Distt. North Baster Kanker (C.G.) (Driver) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.05.06 16:45:00 +0530 2 2 - Mangluram Nishad S/o Budhkar Nishad Aged About 60 Years R/o Village Kurri, Tahsil And Distt. North Baster Kanker (C.G.) (Owner) 3 - Dilip Kumar Nishad S/o Mohan Nishad Aged About 34 Years R/o Village Dashpur Tahsil And Distt. North Baster Kanker (C.G.) 4 - M/s Nitesh Raycha Flat No. R/s-504, Kailashpuri Raipur Distt. Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Bharat Lal Dembra, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board 05.05.2026 1. The present petition under Section 24 of the Code of Civil Procedure has been filed before this Court seeking transfer of Execution Case No. 83/2023 from the Court of Additional Motor Accident Claims Tribunal (FTC), South Bastar, Dantewada (C.G.) to the Court of Additional Motor Accident Claims Tribunal at District Dhamtari (C.G.), 2. (a) Facts of the case are that the petitioners are the claimants and legal representatives of deceased Piyan Sharma, who 3 died in a motor accident dated 26.01.2023 caused by respondent No.1 due to rash and negligent driving of Tractor bearing registration No. CG-19 BM-8977 along with an unnumbered trolley. Respondent No.2 is the registered owner of the said vehicle and respondent No.4 was the contractor engaged by C.G. State Power Distribution Company Limited at the relevant time. 3. (b) In connection with the said accident, the petitioners/Claimants instituted a claim petition before the learned Additional Motor Accident Claims Tribunal (FTC), South Bastar, Dantewada (C.G.), claiming compensation of Rs. 59,36,000/-, which was partly allowed and compensation of Rs. 19,46,400/- along with interest @ 6% per annum from 19.06.2023 was awarded against respondent Nos. 1 and 2. (c) For execution of the said award, the petitioners filed Execution Case No. 83/2023 before the learned Additional Motor Accident Claims Tribunal (FTC), South Bastar, Dantewada (C.G.) on 05.02.2025, wherein proceedings are pending and vide order dated 13.03.2026, the learned Executing Court directed payment of process fee and also observed that in absence of proper details of judgment- 4 debtors, the execution case may be dismissed for want of prosecution. 4. Learned counsel for the petitioners submits that the petitioners are permanent residents of District Dhamtari (C.G.) and are facing acute financial hardship in attending each and every date before the learned Executing Court at Dantewada due to long distance, and further the learned counsel engaged by them is not effectively pursuing the execution proceedings nor responding properly, and as the learned Executing Court has also indicated possible dismissal of the case for want of prosecution while the petitioners have not received even a single penny of the awarded compensation till date, therefore, the execution case be transferred to the Court of Additional Motor Accident Claims Tribunal at District Dhamtari (C.G.) to enable the petitioners to effectively pursue the same. 5. I have heard learned counsel for the petitioners and perused the record. 6. Upon hearing learned counsel for the petitioners and on perusal of the material available on record, this Court finds that the present petition has been filed by the petitioners, 5 who are decree-holders in a motor accident claim case, seeking transfer of Execution Case No. 83/2023 from the Court of learned Motor Accident Claims Tribunal, Dantewada (Bastar-Kanker) to the Court of Additional Motor Accident Claims Tribunal at District Dhamtari (C.G.), primarily on the grounds of their residence at Dhamtari, inconvenience in attending the proceedings, and alleged lack of proper assistance by the engaged counsel. 7. It is not in dispute that the execution proceedings are already pending before the competent Tribunal at Dantewada, which has taken cognizance of the matter and has proceeded in accordance with law by issuing notices and initiating steps towards execution, including consideration for attachment proceedings. 8. The law with regard to transfer of proceedings under Section 24 of the Code of Civil Procedure is well settled that such power is discretionary in nature and is to be exercised sparingly, only when a strong case is made out demonstrating likelihood of failure of justice, grave prejudice, or existence of exceptional circumstances. Mere inconvenience of a party or 6 change of residence, by itself, does not constitute a sufÏcient ground for transfer of proceedings. 9. So far as the contention of the petitioners regarding non- cooperation or lack of diligence on the part of their counsel is concerned, the same cannot be accepted as a valid ground for transfer, inasmuch as it is always open to the petitioners to engage another counsel of their choice for effective representation before the concerned Court, if they so desire. 10. In view of the above and in the considered opinion of this Court, the petitioners have failed to establish any compelling, exceptional or legally sustainable ground warranting transfer of the execution proceedings from the Court already seized of the matter and conversant with the record. No case of prejudice or failure of justice has been made out. 11. Accordingly, the present application filed under Section 24 of the Code of Civil Procedure, being devoid of merit, deserves to be and is hereby dismissed in the admission stage itself. Sd/- (Bibhu Datta Guru) Judge Gowri/Shoaib