Kashiram Chaurasia and Others vs Jaspal Singh and Others

S. Samvatsar and A.P Shrivastava, JJ.—Heard.

This appeal is filed by the claimants challenging the award dated 27.10.2004 passed by Second Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 88 of 2002.

Aforesaid claim petition was filed by the appellants for compensation for the death of Shilpi Chaurasia. Said claim petition is dismissed by the Claims Tribunal on the ground of lack of territorial jurisdiction. Claims Tribunal after framing issues, had decided issue No. 6 as a preliminary issue and held that since the claimants are the residents of Billaua, District Gwalior and the respondent No. 2 is a resident of Morena, Claims Tribunal had no territorial jurisdiction to decide the matter.

Mr. R.P. Gupta, the learned Counsel for the appellants submitted that in view of the provisions of Section 166 of the Motor Vehicles Act, the impugned award cannot be sustained, while Mr. M.P. Agrawal, the learned Counsel for respondent insurance company supported the award dismissing the claim petition on the ground of lack of territorial jurisdiction.

After perusal of Section 166(2) of the Motor Vehicles Act, we find that the approach of the Claims Tribunal is not sustainable. u/s 166(2) of the Motor Vehicles Act, claim petition can be filed even at a place where the defendant/ respondent resides. In the present case, defendant No. 1 is a resident of Gwalior and insurance company, defendant No. 3, has also its branch at Gwalior. In such circumstances, the Claims Tribunal has committed an error in dismissing the claim petition on the ground of territorial jurisdiction.

As there is no judgment on other issues, this appeal is allowed and the matter is remanded to the Claims Tribunal for deciding the matter on merits. Parties are directed to appear before Claims Tribunal on 15.5.2006.