U.C. Maheshwari, J.@mdashThis petition filed u/s 24 of the CPC is pending to consider the question of admission and stay application since the year 2001 and there is an interim stay vide order dated 11.7.03 whereby the further proceedings of Claim Case No. 22/01 filed by the applicants and respondent No. 4 and 5 regarding compensation of vehicular death of Satyendra Singh pending in the court of Ist MACT Mandla has been stayed. Heard on the question of admission.
ORDER (ORAL)
2. The applicants/wife and daughter of deceased Satyendra Singh have filed this petition u/s 24 of the CPC for transferring the MACC No. 22/01 filed by them along with respondent No. 4 and 5, the parents of the deceased, pending in the Court of Ist MACT, Mandla from such tribunal to some other competent tribunal of district Seoni.
3. As per averments of the petition, before death of said Satyendra Singh, the applicants were residing jointly with respondent No. 4 and 5 who are the mother-in-law and father-in-law of the applicant No. 1. Subsequent to death of Satyendra Singh, some amount of Life Insurance Policy was received by applicant No. 1 but by adopting some coercive method, the same was taken by the respondents No. 4 and 5 and thereafter she along with her minor daughter was ousted from the family. Pursuant to that, under compulsion, accompanied with her daughter, she is residing in her parental family at Chhapara district Seoni and, in such premises, she is not in a position to go and prosecute the aforesaid claim case at Mandla because she did not have any source of income to afford the expenses to go and prosecute the case at Mandla and the same is far away more than 100 KM from Chhapara. According to the applicants counsel on going to Mandla to prosecute the case any unhappy incident could be caused by respondents No. 4 and 5. So, in such premises also, the impugned case should be transferred from Mandla to Seoni.
4. Keeping in view the aforesaid averments of the petition and the arguments advanced by the counsel, I have carefully gone through the papers available on the record. It is apparent fact that the impugned claim Annex. A/1 is pending before the aforesaid tribunal of Mandla since 6.2.2001. At that time, the age of applicant No. 1 was 22 years while the age of applicant No. 2 was 7 years. Now, they have completed the age near about 35 years and 20 years respectively. So, in such change circumstances, I am of the view that both the applicants may go and prosecute the aforesaid claim case before the aforesaid tribunal of Mandla and, in any case, their presence is required only on their cross-examination on the basis of their affidavit filed under Order 18 rule 4 of the CPC and other proceedings of the case could be carried out by their engaged counsel at Mandla and on conclusion of the matter, if any award is passed in their favor along with respondents No. 4 and 5 or in favor of any of them then on arising the occasion then the applicants have to go to take the payment of the awarded sum. So, in such premises, I do not find any convenience in favor of the applicants to transfer the aforesaid case from Mandla to Seoni.
5. It is also observed that if on going to Mandla, if any unhappy incident is committed by respondents No. 4 and 5 or there is any apprehension to commit such unhappy incident with them then the applicants are extended a liberty to file the appropriate application before the aforesaid tribunal of Mandla to provide them the appropriate security and pursuant to it, such tribunal is directed that, on arising the occasion if such application is filed then the same be considered by adopting lenient view to provide the security to the applicants at Mandla.
6. Apart the aforesaid, I also deem fit to observe that on passing any award in favor of the applicants and the respondents No. 4 and 5 or in favor of any of them by the tribunal then the tribunal shall decide the separate share of each of the claimant in the award itself to avoid the further complications and dispute between the applicants and the respondents No. 4 and 5. In view of the aforesaid, instead to allow this petition for transferring the aforesaid matter from Mandla to Seoni, this petition is disposed of with aforesaid observations, liberty and direction.
