Motor Accidents : If Multiple Claims Are Filed In Different States, Subsequent Petitions Must Be Transferred To Tribunal Where First Claim Was Filed - Supreme Court

The Supreme Court has ordered that in a motor accident case having multiple claimants, if the claimants file separate claim petitions in tribunals in the territorial jurisdiction of different High Courts, then the first claim petition should be maintained and the subsequent claim petitions should be transferred to the tribunal where the first petition was filed. No transfer petition is required to be filed in the Supreme Court for the transfer of such subsequent claim petitions. The Court further directed the Registrar Generals of all High Courts to pass appropriate directions in this regard.A bench comprising Justices S Abdul Nazeer and JK Maheshwari passed this direction in the case Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others 2022 LiveLaw (SC) 1040.As stated in the judgment :"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 situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending. It is made clear here that the claimant(s) are not required to apply before this Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. 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".The bench also issued a slew of guidelines to the police regarding the registration of First Accident Report and to the Insurance Companies regarding settlement process. More on those aspects can be read in this report.Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others | Civil Appeal No. 9322 OF 2022Citation : 2022 LiveLaw (SC) 1040HeadnotesMotor Vehicles Act 1988- Section 159 - Supreme Court issues a slew of directions for immediate registration of First Accident Report by the Police immediately after a motor vehicle accident -The Court directed the Police department of all states to develop a specialized unit and post trained police officers in every police station within three months for the effective implementation of the MV Amendment Act and the Rules framed thereunderMotor Vehicles Act 1988- Section 149- The General Insurance Council and all insurance companies are directed to issue appropriate directions to follow the mandate of Section 149 of the M.V. Amendment Act and the amended RulesMotor Vehicles Act 1988- 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 situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending. It is made clear here that the claimant(s) are not required to apply before Supreme Court Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. 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.Click Here To Read/Download Judgment

Motor Accidents : If Multiple Claims Are Filed In Different States, Subsequent Petitions Must Be Transferred To Tribunal Where First Claim Was Filed - Supreme Court

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