Legally Speaking

SUPREME COURT: IF MULTIPLE CLAIMS ARE FILED IN DIFFERENT STATES, SUBSEQUENT PETITIONS MUST BE TRANSFERRED TO TRIBUNAL WHERE FIRST CLAIM WAS FILED; MOTOR ACCIDENTS

The Supreme Court in the case Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others observed and has ordered that in a motor accident case having multiple claimants, if the separate claim plea has been filed by the claimants in tribunals in the territorial jurisdiction of different High Courts, then the first claim plea has to be maintained and the subsequent claim petitions should be transferred of to the tribunal where the first petition was being filed. Therefore, in the Supreme Court no transfer petition is being required to be filed for the transfer of such subsequent claim petitions. Further, it has been directed by the court that the Registrar Generals of all High Courts to pass appropriate directions in this regard. The bench comprising of Justice S Abdul Nazeer and Justice JK Maheshwari observed and has passed the said direction in the case Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others. The court in its judgement stated that in case the claimant(s) or legal representative(s) of the deceased have filed separate claim petition(s) in the territorial jurisdiction of different High Courts, in the said situations, the plea was being filed for first claim by the claimant(s) or the legal representative(s) which shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand to be transferred to the Claims Tribunal where the first claim petition was filed and pending. Further, it is being made clear here that the claimant(s) are not being required to apply before this Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. Thus, the Registrar Generals of the High Courts shall take appropriate steps and pass appropriate order in this regard in furtherance to the directions of this Court. Accordingly, the bench issued a slew of guidelines to the police regarding the registration of First Accident Report and to the Insurance Companies regarding the settlement process and more on those aspects can be read in the said report.

TDG Network

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