Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 9 of 2021
Appellant :- Smt. Prerna Rohilla
Respondent :- Shri Pramod Kumar And 2 Others
Counsel for Appellant :- Satya Deo Ojha
Hon'ble Vivek Agarwal,J.
1. Heard Sri Satya Deo Ojha, learned counsel for the appellant and Sri Radhey Shyam, learned counsel for respondent no. 2- insurance company.
2. Appellants/claimants are aggrieved of the order dated 08.10.2020 passed by learned Motor Accident Claims Tribunal, Meerut, dismissing the claim petition on the ground of lack of territorial jurisdiction. It is mentioned in the order that accident took place in District Shahjahanpur whereas claimants are resident of Modinagar, District Ghaziabad. In view of such facts, tribunal has dismissed the claim petition.
3. Learned counsel for the appellant submits that law in this regard is settled as has been held by the Hon'ble Supreme Court in case of Mantoo Sarkar vs. Oriental Insurance Co. Ltd. and Others, 2009 (1) T.A.C. 434 (S.C.), wherein in Para-14, it has been held that the tribunal must exercise jurisdiction having regard to the ingredients laid down in sub-section 2 of Section 166 of the Motor Vehicles Act.
4. Similarly, law laid down in case of Malti Sardar vs. National Insurance Co. Ltd. and Others, 2016 (1) T.A.C. (S.C.), it has been held that provisions for territorial jurisdiction has to be interpreted consistent with object of facilitating remedies for victims of accidens. However, in the present case, facts are slightly different. In case of Mantoo Sarkar (supra), injured, resident of Pilibhit, was working in Nainital and was residing there at relevant time, a fact neither denied nor disputed, therefore, tribunal held that it had territorial jurisdiction to determine claims since insurance company was having a branch office in Nainital.
5. In case of Malti Sarkar (supra), accident took place in Hoogly, claimants were also residents of Hoogly, but registered office of insurance company was at Kolkata, therefore, claim petition was entertained at Kolkata.
6. In the present case, claimants are residents of Modinagar, District Ghaziabad, accident took place in District Shahjahanpur, insurance company has its office at Shahjahanpur, therefore, in terms of the provisions contained in Section 166 (2) of the Motor Vehicles Act, claim petition could have been filed either before the claims tribunal having jurisdiction over the area, in which the accident occurred or to the claims tribunal within the local limits of whose jurisdiction the claimants resides or carries on business or within the local limits of whose jurisdiction the defendant resides.
7. A perusal of the cause title reveals that defendants are resident of District Shahjahanpur whereas claimants are resident of Modinagar, District-Ghaziabad, therefore, the claims tribunal at Meerut was not having jurisdiction to hear and decide the case, but at the same time, it should have returned the application for filing before the tribunal of competent jurisdiction rather than dismissing the application for want of jurisdiction.
8. Accordingly, the impugned order is set aside, claimants are relegated to avail remedy of filing the claim petition before the Motor Accident Claims Tribunal either at Shahjahanpur or Ghaizabad, as they may choose.
9. In above terms, appeal is disposed of.
Order Date :- 8.1.2021 Vikram/-