Case Note & Summary
The applicant, Shamashuddin s/o Yusuf Ali, filed a Miscellaneous Civil Application under the Motor Vehicles Act seeking transfer of three Motor Accident Claim Petitions (Nos. 61/2016, 141/2016, and 142/2016) from the Motor Accidents Claims Tribunal at Akola to the Motor Accidents Claims Tribunal at Achalpur, District Amaravati. The applicant argued that the claimants were not permanent residents of Akola but resided in Gondia, Pathrot, and Daryapur respectively, and that six other related matters were already pending before the Achalpur tribunal. The non-applicants (claimants in the petitions) opposed the transfer, pointing out that under Section 166(2) of the Motor Vehicles Act, 1988, claimants have the option to file a petition at the place where they reside, where the accident occurred, or where the business is carried on. They specifically referred to paragraph 10 of Claim Petition No. 142/2016, which stated that the claimants were residing at Akola at the time of the accident and continued to reside there. The court examined Section 166(2) and found it clear that claimants have the right to choose the forum. Since the claimants in the petitions were residing at Akola, they had validly filed the petitions there. The court dismissed the transfer application, holding that the claimants' choice of forum should be respected and that no grounds for transfer were made out.
Headnote
A) Motor Vehicles Act - Transfer of Claim Petitions - Section 166(2) - Option of Claimants - The court considered whether to transfer three claim petitions from Akola to Achalpur. The claimants opposed transfer, asserting their right under Section 166(2) to file at their place of residence. The court held that since the claimants reside at Akola, they have the right to choose the forum, and transfer is not warranted (Paras 5-7).
Issue of Consideration
Whether Motor Accident Claim Petitions should be transferred from Motor Accidents Claims Tribunal, Akola to Motor Accidents Claims Tribunal, Achalpur.
Final Decision
The application is dismissed. No order as to costs.
Law Points
- Section 166(2) Motor Vehicles Act
- 1988 gives claimants option to file petition at place of residence
- accident
- or business
- Transfer application dismissed as claimants reside at Akola.
