Transfer of motor accident claim petitions under Section 24 CPC and Article 227 is permissible on a claimant-friendly approach.

A Motor Accidents Claims Tribunal was treated as amenable to transfer jurisdiction, so the High Court could transfer a pending claim petition from one Tribunal to another under Section 24 CPC. No fresh State notification was required where the transferee Tribunal was already duly constituted and competent to try the claim. The High Court could also order transfer under Article 227 in the interests of justice, and requests for transfer in motor accident claims should be approached liberally in favour of the claimant, consistent with the welfare character of the Motor Vehicles Act, 1988.

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Issues: (i) Whether a High Court can transfer a claim petition pending before one Motor Accidents Claims Tribunal to another Tribunal under Section 24 of the Code of Civil Procedure, 1908; (ii) Whether a fresh notification by the State Government is necessary for the transferee Tribunal to try the transferred claim petition; (iii) Whether the High Court can exercise power under Article 227 of the Constitution of India to order such transfer and what approach should govern transfer of motor accident claim cases.

Issue (i): Whether a High Court can transfer a claim petition pending before one Motor Accidents Claims Tribunal to another Tribunal under Section 24 of the Code of Civil Procedure, 1908.

Analysis: The Tribunal was treated as a civil court for the purpose of transfer powers. Since the appellate court under the Motor Vehicles Act had jurisdiction over the Tribunal, the High Court held that proceedings before the Tribunal were amenable to transfer under Section 24 of the Code of Civil Procedure, 1908. The Court accepted the view that there is no distinction, for this purpose, between a civil court and a court subordinate to the High Court when the proceeding is before a Tribunal competent to try the claim.

Conclusion: Yes. The High Court can transfer a claim petition from one Motor Accidents Claims Tribunal to another under Section 24 of the Code of Civil Procedure, 1908.

Issue (ii): Whether a fresh notification by the State Government is necessary for the transferee Tribunal to try the transferred claim petition.

Analysis: The transferee Tribunal had already been duly constituted under the Motor Vehicles Act, 1988 and was otherwise competent to try and dispose of the claim petitions. A separate notification was considered necessary only where more than one Claims Tribunal is constituted for an area for regulating distribution of business among them. Where the transferee Tribunal is already competent, no further notification is required.

Conclusion: No. A fresh State Government notification was not necessary.

Issue (iii): Whether the High Court can exercise power under Article 227 of the Constitution of India to order such transfer and what approach should govern transfer of motor accident claim cases.

Analysis: The Court held that even apart from Section 24 of the Code of Civil Procedure, 1908, the High Court could invoke its supervisory jurisdiction under Article 227 of the Constitution of India to transfer a claim petition where required in the interests of justice. As the Motor Vehicles Act is a welfare legislation intended to benefit accident victims, a liberal approach was held to be appropriate when considering transfer requests by claimants.

Conclusion: Yes. The High Court can also order such transfer under Article 227 of the Constitution of India, and transfer requests in motor accident claims should be approached liberally in favour of the claimant.

Final Conclusion: The petitions were rightly allowed, and the claim cases were directed to be transferred to the Motor Accidents Claims Tribunal at Nagaon for further proceedings from the stage already reached.

Ratio Decidendi: A Motor Accidents Claims Tribunal is a court amenable to transfer jurisdiction, and where the transferee Tribunal is already duly constituted and competent, the High Court may transfer the proceeding under Section 24 of the Code of Civil Procedure, 1908 or under Article 227 of the Constitution of India, applying a liberal claimant-oriented approach in view of the welfare character of the Motor Vehicles Act, 1988.

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