SUBHADRA Vs. PANKAJ

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 3.6.11 rendered by the presiding officer, FTC-I/II, Bijapur in MVC No. 346/09, whereby the motor vehicles case (for short 'the claim petition') instituted by the appellant-claimants, under Section 166 of the Motor Vehicles Act (for short 'the Act'), has been dismissed on the ground of territorial jurisdiction. The facts giving rise to this appeal, in brief, are that on 29.12.2008, while the deceased-Rajendra was travelling in a bus, bearing registration No. MH-20-D-9030, at about 7 A.M., met with an accident near Pirachi-Kurolli, on Pandharpur-Pune road in the State of Maharashtra. The bus, in which he was travelling collided with a truck bearing registration No. MH-12-EF-2210 coming from opposite direction in a rash and negligent manner. In the accident, Rajendra sustained serious injuries and died on the spot. At the relevant time, he was working as a Police Constable in the State of Maharashtra and was getting salary of Rs. 2,40,000/- in favour of the claimant. The High Court, however, allowed the appeal holding that the Tribunal did not have territorial jurisdiction to entertain the said claim petition.