Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court

The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure.

Examining the relevant statutory provisions so also the precedents, the Single Bench of Justice Sanjay Kumar Mishra held –

“The party aggrieved, has to move before the concerned District Judge, seeking for intra-district transfer of claim cases filed under the M.V. Act and for inter-district transfer, the party aggrieved has to approach the Writ Court under Article 227 of the Constitution of India. This Court is of the further view that the present Writ Petition under Article 227 is maintainable and the Petitioners have rightly approached Writ Court for inter-district transfer of the claim case.”

Factual Background

The deceased Sambhu Prasad Tripathy died on 06.08.2021 on account of a motor vehicular accident involving a truck. On 24.08.2021, the petitioners, who are the wife and children of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 before 1^st MACT, Cuttack claiming a compensation to the tune of Rs.80,00,000/- from the owner as well as the insurer of the offending vehicle.

After filing of the claim application, it came to the knowledge of the petitioners that the married daughter and a major son of the deceased from his pre-deceased wife had filed a separate motor accident claims case before the 5^th MACT, Khordha claiming Rs.40,00,000/- as compensation, without impleading the petitioners as opposite parties.

After coming to know about filing of the subsequent application, the 1^st MACT, Cuttack called for a report from the 5^th MACT, Khordha and received the same on 15.04.2024. However, without passing order for tagging of both the matters, the MACT, Cuttack adjourned the matter.

Therefore, the petitioners approached the High Court under the writ jurisdiction seeking to tag the application pending before the 5^th MACT, Khordha with the application pending before 1^st MACT, Cuttack.

Contentions of the Parties

P.K. Mahali, Advocate, appearing for the insurance company, raised a technical issue whereby he argued that writ petition under Articles 226 and 227 of the Constitution is not maintainable for intra-state transfer of proceeding under the MV Act.

He further contended that the petitioner ought to have preferred an application under Section 24 of the CPC. To substantiate his stance, he relied upon the judgments of the Supreme Court in Kahlon v. K. Paramasivam and Neha Arun Jugadar & Anr. v. Kumari Palak Diwan Ji.

On the contrary, it was pointed out on behalf of the petitioners that in the above cases, the Supreme Court did not decide the question as to whether the Claims Tribunal is a Court subordinate to High Court for the purpose of applicability of Section 24 of the CPC.

The judgment of the Allahabad High Court in Shankar Lal Jaiswal v. Asha Devi & Ors. wherein it was held that the Claims Tribunal being created by a notification of the State Government under the provision of the MV Act, it cannot be said that such Tribunal is a Court subordinate to the High Court within the meaning of Section 24 of the CPC.

Further, he referred to Rule 12 of the Odisha Motor Vehicles (Accident Claims Tribunal) Rules, 2019 which empowers the District Judge of the concerned district to transfer an application for claim under the Act from the file of one Claims Tribunal to any other Claims Tribunal within the same district.

Similarly, it empowers the High Court to transfer the claim application from the file of one Claims Tribunal of a district to any other Claims Tribunal beyond the territorial jurisdiction of the district.

Court's Observations

The Court referred to its own judgment in Sarat Kumar Moharana v. M. Rajsekhar Reddy & Ors. wherein it was held that an application under Section 24 of the CPC for transfer of proceeding under the MV Act is not maintainable and appropriate remedy would be to approach the under Article 227 of the Constitution.

Having regard for the Rule 12 of the 2019 Rules and the judgments in Sarat Kumar Moharana (supra) and Shankar Lal Jaiswal (supra), Justice Mishra was of the considered view that –

“…this Court is of the view that section 24 of the C.P.C. is not applicable for transfer of file from one Claims Tribunal to other Claims Tribunal. The party aggrieved, has to move before the concerned District Judge, seeking for intra-district transfer of claim cases filed under the M.V. Act and for inter-district transfer, the party aggrieved has to approach the Writ Court under Article 227 of the Constitution of India.”

Resultantly, the Court held that the petitioners have rightly approached it under Article 227 of the Constitution for transfer of the claims case. Accordingly, it directed the 5^th MACT, Khordha to transfer the relevant case file to the 1^st MACT, Cuttack and ordered to tag both the matters for analogous hearing.

Case Title: Gulsan Bibi & Ors. v. Swapan Kumar Ghos & Ors.

Case No: W.P.(C) No. 15034 of 2024

Date of Judgment: August 28, 2024

Counsel for the Petitioners: Mr. B. Mohanty, Advocate

Counsel for the Opposite Parties: Mr. P.K. Mahali, Advocate

Citation: 2024 LiveLaw (Ori) 72

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