Page No.# 1/8 GAHC010237402025 2026:GAU-AS:3551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/473/2025 ELIZA PERVIN WIFE OF LATE AMINUL ISLAM, VILLAGE- BALATARI, P.O- FAKIRGANJ, DISTRICT- DHUBRI, ASSAM VERSUS CHOLA MS GENERAL INSURANCE CO LTD AND 4 ORS. ASTHA PLAZA, G.S. ROAD, BORA SERVICE (OPP. S.B. DEORAH COLLEGE), GUWAHATI- 781007, DIST- KAMRUP (M), ASSAM 2:FARUK ABDULLA SON OF MABRAK ALI VILLAGE- NO. 1 JOGIPARA PATHAR P.O.- PACHIM SAMARIA P.S.- BOKO DISTRICT- KAMRUP ASSAM 3:ARFAT ALI SON OF NIZAM ALI VILLAGE- BAGHORGAON P.O. AND P.S.- BOKO DISTRICT- KAMRUP ASSAM 4:NAJEM ALI SON OF SIDDIK AKAND VILLAGE- BALATARI P.S- FAKIRGANJ DISTRICT- DHUBRI ASSAM Page No.# 2/8 5:FATEMA KHATUN WIFE OF NAJEM ALI VILLAGE- BALATARI P.S- FAKIRGANJ DISTRICT- DHUBRI ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 11.03.2026 Heard Mr. A. R. Agarwalla, learned counsel for the petitioner. None appears for the respondent on call; even though, service upon them stands completed in view of the order dated 10.02.2026. 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order, dated 09.10.2025, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati, in MAC Case No. 1597/2024. 3. It is to be noted here that vide impugned order, dated 09.10.2025, the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), has held that the legal heirs, i.e., the wife and parents of the deceased, had filed two separate claim petitions in two different Tribunals for the same accident, and for consolidation of the claim and to avoid multiple proceedings, the same are required to be tried in Page No.# 3/8 same Tribunal. Thereafter, the learned Tribunal has transferred the said claim petition filed by the present petitioner, being MAC Case No. 1597/2024, to the learned Motor Accident Claims Tribunal, Dhubri. 4. Mr. Agarwalla, learned counsel for the petitioner submits that the petitioner is the wife of Late Aminul Islam, who suffered demise in a motor accident, that took place on 07.04.2024, at about 5:50 PM, near Seponsila, under Chaygaon Police Station, in the district of Kamrup. Thereafter, the petitioner herein has filed a claim petition, being MAC Case No. 1597/2024, before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), on 03.07.2024. Upon the said claim petition, the learned Tribunal has registered the MAC Case No. 1597/2024, and issued notice to the respondents. 4.1. Mr. Agarwalla also submits that thereafter, the opposite party No. 1 of the said claim petition, namely, Chola MS General Insurance Co. Ltd., i.e., the respondent No. 1 herein; and insurer of the offending vehicle, had filed an application, being Petition No. 2930/2025, under Section 168 of the MV Act, read with Section 151 of the CPC, for dismissing the MAC Case No. 1597/2024; on the ground that another MAC Case, being MAC Case No. 51/2024(D), is pending for the same cause of action, relating to the accident, dated 07.04.2024, against the same opposite parties, before the learned Member, Motor Accident Claims Tribunal, Dhubri; and the case is fixed on 17.05.2024, for evidence; and in the said case, notice was issued to the present petitioner. 4.2 Mr. 4.2 Mr. Agarwalla, also submits that the present petitioner is the Page No.# 4/8 wife of the deceased and though, she hails from Dhubri, yet, she has been presently working in Guwahati and as such, she has filed the claim petition on 03.07.2024, before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M). 4.3 It is the further submission of Mr. Agarwalla that after filing of the MAC Case No. 1597/2024, by the present petitioner, the parents of the deceased, namely, Najem Ali and Fatima Khatun, also filed another claim petition before the learned Member, Motor Accident Claims Tribunal, Dhubri; upon which, MAC Case No. 51/2024(D) has been registered and presently, the case is pending at the stage of evidence. 4.4 Mr. Agarwalla, further submits that after the death of the husband of the petitioner, she was compelled to leave the matrimonial home by the parents of her deceased husband and if she again visit Dhubri, to pursue the MAC Case No. 51/2024(D), there, then she will be killed by them. He also submits that since present petitioner has filed the claim petition in Guwahati, prior to the claim petition filed by the parents of her deceased husband at Dhubri; the second claim petition filed before the Motor Accident Claims Tribunal, Dhubri, should have been transferred to the Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati; so as to try the same with MAC Case No. 1597/2024, and in that view of the matter, Mr. Agarwalla submits that the impugned order, dated 09.10.2025, is illegal and arbitrary and is required to be interfered with. 5. Having heard the submissions of Mr. Agarwalla, learned counsel for the petitioner, this Court has carefully gone through the Page No.# 5/8 petition and the documents placed on record and also gone through the scanned copy of the records received from both the Tribunals, which were called for and received. 6. From a perusal of the scanned copy of the records of both the Tribunals, it appears that MAC Case No. 51/2024(D), was filed before the learned Member, Motor Accident Claims Tribunal, Dhubri, on 09.08.2024; whereas, MAC Case No. 1597/2024, was filed on 03.07.2024 before the MACT, Kamrup, Guwahati; which is almost a month prior to the claim petition filed before the learned Tribunal, Dhubri; and further it appears that both the claim petitions have been filed in connection with the same accident that took place on 07.04.2024, near Seponsila, under Chaygaon. 7. It further appears that the claimant in the MAC Case No. 51/2024(D), are the parents of the deceased and the claimant in MAC Case No. 1597/2024, is the wife of the deceased, i.e., the present petitioner. The parties involved and the subject matter of both the claim petition are also the same. Even, Section 10 CPC also, in such circumstances provides for staying of the subsequent suit. 8. It is to be noted here that while dealing with a claim petition filed in two different States, the Hon’ble Supreme Court, in the case of Gohar Mohammed Vs. Uttar Pradesh State Road Transport Corporation and Others, reported in (2023) 4 SCC 381, especially in paragraph No. 78.12; has held that “78.12. In case the claimant(s) or legal representative(s) of the deceased have filed Page No.# 6/8 separate claim petition(s) in the territorial jurisdiction of different High Courts, in the said situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending. It is made clear here that the claimant(s) are not required to apply before this Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. The Registrars General of the High Courts shall take appropriate steps and pass appropriate order in this regard in furtherance to the directions of this Court.” 9. In the instant case, even though the two claim petitions are pending before the two Tribunals, both within the territorial limits of jurisdiction of the this High Court, yet, in view of the observation and direction issued in the case of Gohar Mohammed (Supra), as discussed herein above, and to the effect that the first claim petition filed by the claimants/legal representatives shall be maintained by the said Claim Tribunal and the subsequent claim petition stands transferred to the Claim Tribunal, where the first claim was filed and pending; this Court is of the view that the claim petition, being MAC Case No. 51/2024(D), being the subsequent petition, filed and pending before the learned Member, Motor Accident Claims Tribunal, Dhubri, ought to have been transferred to the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), where the other claim petition, Page No.# 7/8 being MAC Case No. 1597/2024, and which is first in point of time, is pending. 10. It also appears from the scanned copy of the record that the claim petition filed before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), that the parents of the deceased, namely, Najem Ali and Fatima Khatun, who are the claimant in MAC Case No. 51/2024(D), are being arrayed as respondent Nos. 4 & 5; and Mr. Agarwalla, learned counsel for the petitioner submits that the petitioner herein is ready to provide compensation to them, which they are legally entitled to; if the claim petition is allowed. 11. Thus, having examined the impugned order, dated 09.10.2025, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), in the light of the observation and direction of Hon’ble Supreme Court in Gohar Mohammed (Supra), especially in paragraph No. 78.12; this Court is of the view that the same fails to withstand the legal scrutiny; and accordingly, the same stands interfered with. 12. In view of the direction issued in the aforementioned case by the Hon’ble Supreme Court, the learned Member, Motor Accident Claims Tribunal, Dhubri, shall transfer the MAC Case No. 51/2024(D), to the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), forthwith along with the MAC Case No. 1597/2024, if in the meantime the same has been transferred and received by it. And on receipt of the said claim petition by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), the learned Tribunal shall issue notice to the concerned parties and thereafter, proceed to hear Page No.# 8/8 the same in accordance with law. 13. In terms of the above, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant