BALVEER BATRA Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal by Special Leave is directed against the judgment and order dtd. 28/11/2016 passed by the High Court of Uttarakhand at Nainital in Appeal from Order No. 414 of 2010.

(2.) The appellant is the father of the victim of a motor Reason: unfortunate accident causing his death while underway on his motorcycle from Dineshpur to Gadarpur and stopped it in the midway to urinate. A tractor bearing number UP-02A-2213 being driven recklessly and negligently by the first respondent hit him and his motorcycle and he died instantaneously. The incident occurred on 7/3/2006 at about 07.30 pm. The appellant filed an application under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'MV Act' only) for compensation before the Motor Accident Claims Tribunal at Nainital as MACP No.137/2006. The Tribunal dismissed the application for lack of territorial jurisdiction. Aggrieved by the same, the appellant herein preferred an appeal before the High Court and the same also met with the same fate. Hence, this appeal.

(3.) Heard learned counsel appearing for the appellant and the counsel appearing for the respondent-insurance company.