Anjani Kumar Mishra, J. - (1.)I have heard counsel for the parties in these transfer applications, which have all been filed seeking transfer of Motor Accident Claim Petitions.
(2.)The common question, which arises for consideration in these transfer applications is whether Sec. 24 of the Civil Procedure Code can be invoked for transfer of a Motor Accident Claim Petition pending before a Motor Accident Claims Tribunal. For the said purpose, the scheme of the Motor Vehicle Act and its relevant provisions need to be referred to.
(3.)A Motor Accident Claim Petition is filed before a Motor Accident Claims Tribunal, which is constituted by the State Government in accordance with the provisions contained in Sec. 165 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). This Sec. empowers the State Government to constitute by notification, one or more motor accidents Claims Tribunals for the area specified in the notification, for adjudicating claims for compensation in respect of accidents involving death or bodily injury to persons arising out of the use of a motor vehicle or for damage to any property of a third party, so arising or both.