Chattisgarh High Court
Smt. Ritu Goswami vs Gautam Kumar on 31 July, 2025
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Digitally
signed by
RAVI
2025:CGHC:37506
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.08.05
11:59:05
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 104 of 2025
1 - Smt. Ritu Goswami W/o Late Keshav Gir Goswami Aged About 29
Years R/o Village- Pandhi, Tehsil And Thana- Seepat District- Bilaspur
(C.G.)
2 - Purab Gir Goswami S/o Late Keshav Gir Goswami Aged About 5
Years Minor Childrens Through Their Mother Ritu Goswami, R/o Village-
Pandhi, Tehsil And Thana- Seepat District- Bilaspur (C.G.)
3 - Shivansh Gir Goswami S/o Late Keshav Gir Goswami Aged About 4
Years Minor Childrens Through Their Mother Ritu Goswami, R/o Village-
Pandhi, Tehsil And Thana- Seepat District- Bilaspur (C.G.)
... Petitioner(s)
versus
1 - Gautam Kumar S/o Vinod Kumar Singh Aged About 28 Years R/o
Village- Amba, Post- Saduri Karma, Police Station Nararikala Khurd,
District- Aurangabad, Bihar. (Driver Of Truck No. B. R. 02 G.A. 7625)
2 - Govind Kumar S/o Vinod Kumar Singh Aged About 29 Years R/o
Village- Amba, Post - Saduri Karma, Police Station - Nararikala Khurd,
District- Aurangabad, Bihar. (Owner Of Truck No. B. R. 02 G.A. 7625)
3 - Bajaj Aliance General Insurance Company Ltd. Through Its General
Manager, Office Address 3rd Floor, Gurukripa Tower, Vyapar Vihar,
Beside The Icici Bank, Thana- Tarbahar, Tahsil And District- Bilaspur
(C.G.) (Insurer Of Truck No. B. R. 02 G.A. 7625)
4 - Smt. Sushila Goswami W/o Late Balbhadra Gir Goswami Aged
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About 62 Years R/o Village- Chhindpur, Bhilaibazar, P.S. - Hardibazar,
District- Korba (C.G.)
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioner : Ms. Astha Sharma, Advocate.
For Respondent No.4 on : Mr. Aakash Ahuja, Advocate.
caveate
Hon’ble Shri Justice Naresh Kumar Chandravanshi
Order on Board
31/07/2025
1. Heard.
2. The petitioner/wife has filed the instant petition under Section 24
of the Code of Civil Procedure, 1908 (for short ‘CPC‘) for transfer
of MACT No.127/2024 (Sushila Goswami and others Versus
Goutam Kumar and others) pending before the Upper Motor
Accident Claim Tribunal, Katghora, District Korba (C.G.) to the
Second Additional Motor Accident Claim Tribunal, Bilaspur, District
Bilaspur (C.G.).
3. Learned counsel for the petitioner submits that marriage of
petitioner/wife was solemnized with Keshav Gir Goswami (late
husband) on 06.05.2019 through local customs in presence of
both the family members, thereafter, they have been blessed with
two children, out of which, their son Purab Gir Goswami is aged
about 4 years and Shivansh Gir Goswami is aged about 6 months
at present. She further submits that her husband late Keshav Gir
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Goswami died in motor accident on 19.11.2024 and after death of
her husband-Keshav Gir Goswami, the petitioners filed motor
accident claim case under Section 166 of Motor Vehicle Act, 1988
before Second Additional Motor Accident Claim Tribunal, Bilaspur
on 09.01.2025 which is pending for consideration as MACT
No.71/2024. But mother and other relatives of the deceased also
filed MACT application under Section 166 of Motor Vehicle Act,
1988 before Upper Motor Accident Claim Tribunal, Katghora
which is pending for consideration as MACT No.127/2024
(Sushila Goswami and others Versus Goutam Kumar and others).
4. Learned counsel for the applicant further submits that after death
of the husband of the petitioner No.1, she along with her children
(petitioners No.2 and 3) are residing at Bilaspur. The distance
between Bilaspur to Katghora is about 80 Kms. Being mother of
two minor children, it will be very difficult for the petitioner No.1 to
travel from Bilaspur to Katghora. She further submits that though
children of the deceased are residing with petitioner No.1, in-spite
of that she has been impleaded as non-applicant in MACT
No.127/2024 and petitioners No.2 & 3 have been impleaded as
applicant No.2 & 3 respectively, rather brother and sister-in-law
(HkkbZ&cgw)/nephew of deceased have been impleaded, who are not
necessary to be impleaded as they are not dependent upon the
deceased, whereas, dependent persons of the deceased are
petitioners of the instant transfer petition. Hence, she prayed that
this TPC be allowed and MACT No.127/2024 filed by the
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respondent No.4 and others be transferred from Upper Motor
Accident Claim Tribunal, Katghora, District Korba to the Court of
Second Additional Motor Accident Claim Tribunal, Bilaspur.
5. Per Contra, learned counsel for the respondent No.4, who is main
party in MACT No.127/2024, would submit that the distance
between Katghora and Bilaspur is only 80 kms and there is direct
road connectivity between these two places, therefore, it would
not be difficult for the petitioners to travel from Bilaspur to
Katghora, hence, he prayed that prayer made in this petition may
be rejected.
6. I have heard learned counsel for the parties and perused the
material available on record.
7. For the accident in question, wife and mother, both have filed
separate MACT cases before the different Tribunals of different
places.
8. In MACT No.127/2024 filed by the respondent No.4 and others
before the Upper Motor Accident Claim Tribunal, Katghora, District
Korba, the petitioner No.1 herein has not been impleaded as
applicant, though minor children of the deceased have been
impleaded, but they are not residing with respondent No.4/Sushila
Goswami (grand mother), rather they are residing with their
mother i.e. petitioner No.1 herein. As such, though mother is also
necessary party in MACT cases, but petitioners herein are much
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more dependent upon deceased as provided in Motor Vehicle Act,
1988. Further, petitioner No.1 is mother of two minor children
petitioner No.2 and petitioner No.3 herein, therefore, it would be
difficult for the petitioners to travel from Bilaspur to Katghora.
9. Considering the aforesaid facts of the case that petitioner is wife
of the deceased having two minor children who are residing with
her and distance between Bilaspur to Katghora is 160 Kms to &
fro, in the considered opinion of this Court, it is a fit case for
transfer of the said MACT case, as prayed for.
10. The Upper Motor Accident Claim Tribunal, Katghora, District
Korba, is directed to transfer MACT No.127/2024 (Sushila
Goswami and others Versus Goutam Kumar and others) to the
Second Additional Motor Accident Claim Tribunal, Bilaspur within
a period of 15 days from the date of receipt/submission of copy of
this order.
11. Accordingly, the instant transfer petition is allowed.
12. In view of above order, pending interim application(s), if any,
stands disposed of. No order as to costs.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Ravi Mandavi