GULSAN BIBI Vs. SWAPAN KUMAR

JUDGEMENT

(1.) The present Writ Petition has been preferred by the Petitioners, who are the legal heirs of Late Sambhu Prasad Tripathy, who dies in a road accident, to tag MAC Case No.889 of 2021 pending in 1st M.A.C.T, Cuttack along with MAC Case No.60 of 2021, pending in 5th M.A.C.T, Khordha for analogous hearing of both the cases either at Cuttack or in any other neutral place, convenient to both the set of Claimants.

(2.) The brief background facts, which led to filing of this Writ Petition, are that late Sambhu Prasad Tripathy died on 6/8/2021 in a motor vehicular accident involving a truck bearing Registration No.33-E-3747. Accordingly, Khordha Police Station registered P.S. Case No.305 of 2021 against the driver of the offending vehicle. On 24/8/2021, the Petitioners, who are the wife and two minor children of late Sambhu Prasad Tripathy, filed an application under Sec. 166 of the Motor Vehicles Act, 1988 before the 1st M.A.C.T, Cuttack, claiming compensation of Rs.80,00,000.00 from the owner as well as Insurer of the offending vehicle, with a joint and several liability, impleading both as Opposite Party Nos.3 and 4 respectively, which has been registered as MAC Case No.889 of 2021.

(3.) After filing of the said claim application, it came to the notice of the present Petitioner No.1 that the married daughter (present Opposite Party No.3) and major son (present Opposite Party No.4) of late Sambhu Prasad Tripathy begotten from his first wife, who died much prior to the marriage of the present Petitioner No.1, have filed MAC Case No.60 of 2021 before the 5th M.A.C.T, Khordha as legal representatives claiming compensation of Rs.40,00,000.00 without making the present Petitioners as Opposite Parties to the said proceeding by indicating their names and relationship with the deceased.