TMI Blog1990 (7) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... as constituted for the said District which was earlier a part of the undivided Sibsagar District with Headquarter at Jorhat. The learned District Judge, Jorhat was empowered to exercise the powers of Motor Accidents Claims Tribunals who used to exercise powers for the undivided District of Sibsagar, As petitioners were not sure where to file the claim petitions, this Court was approached and by order dated 27-1-89 passed in Civil Revision No. 40/89 this Court allowed the petitioners to file their petitions before the learned Member, Motor Accidents Claims Tribunal, Jorhat. Accordingly both the petitioners have filed their claim petitions and delay was also condoned. 3. By the present two petitions, petitioners have prayed that both the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 165 of the Motor Vehicles Act, 1988 learned counsel has further stated that no fresh notification by the State Govt. is necessary. However Mr. Paul Mazumdar has fairly pointed out that in the event the claim cases are transferred the petitioners shall have to take steps for calling for the records of criminal proceedings and also witnesses. According to Mr. Das this would not be a problem for the petitioners. 6. Sections 23 and 24, C.P.C. run as follows :-- 23(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court an application under Section 22 shall be made to the Appellate Court. (2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any stage transfer any suit appeal or other proceeding pending for trial or disposed of to any court subordinate to it and competent to try or dispose of the same. In other words, transfer of any suit or other pending proceeding can be made from one subordinate court to another subordinate court and the other subordinate court to which such a suit or proceeding has been transferred must be competent try and dispose of the same. 8. First question to be decided is whether Motor Accidents Claims Tribunal is a court within the meaning of Section 24, C.P.C. Mr. Das has drawn my attention to a decision of the apex court in Bhagawati Devi v. I. S. Goel 1983 TAC 332. The order passed by the apex court in the above case is a short one and I rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in Section 24, C.P.C. and it has been further held that Motor Accidents Claims Tribunal is a court subordinate to High Court within the meaning and for the purpose of Section 24, C.P.C. and transfer of such a case is permissible. I do not find any reason to take a different view and I am in respectful agreement with the above decisions. 10. Now the second question is whether a fresh notification by the State Govt. will be necessary empowering the tribunal to which the case is transferred by this court for trial of the claim proceeding. Section 24 envisages that the court to which the case is transferred must be competent to try and dispose of the same. As the Motor Accidents Claims Tribunal, Nagaon has been duly constituted u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is that in any event by exercising supervisory power of this court under Article 227 of the Constitution of India, this court can transfer such a proceeding for ends of justice. Reliance has been placed in Rajeswari v. United India Insurance AIR 1984 Mad 170 : (1984) 2 TAC 7 wherein it was held that in absence of any provision having been made in the Motor Vehicles Act for transfer of a claim case power under Article 227 of the Constitution can be exercised for this purpose. I am in respectful agreement with the above ratio and hold that even under Article 227 of the Constitution High Court can transfer such a claim petition. 12. Before parting with the record I may like to mention that the provision made in the Motor Vehicles Act for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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