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MACT not subordinate to High Court under Section 24 of CPC

In Shankar Lal Jaiswal vs Asha Devi & 10 Others and several other applications, the common question was whether Section 24 of the Civil Procedure Code can be invoked for transfer of a Motor Accident Claim Petition pending before a Motor Accident Claims Tribunal.

Rejecting the transfer application, the Allahabad High Court opined that Section 24, Civil Procedure Code, which has been invoked in these transfer applications, confers a general power of transfer and withdrawal of a suit, appeal or proceeding upon the High Court or the District Judge, pending in any Court subordinate to them. From a conjoint reading of the provisions noticed above, it emerges that the Motor Vehicle Act is a complete code in itself. It is also clear from a bare reading of Rule 221 that Section 24 of the Civil Procedure Code has no application to matters before the Motor Accident Claims Tribunal. The words "subordinate to it" occurring in Section 24 (1) (b) are, in my considered opinion, crucial for deciding the controversy at hand.

Since a Claims Tribunal is created by a notification of the State Government under the provisions of the Motor Vehicles Act, it cannot be said that such Tribunal is a Court subordinate to the High Court within the meaning of the term occurring in Section 24 CPC, despite the fact that an award of the Claims Tribunal is appealable to the High Court under Section 173.

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