NAGMAT BAI Vs. VISHRAM PRASAD

JUDGEMENT

(1.) This appeal is directed against the award dtd. 4/12/2015 passed by the Motor Accident Claims Tribunal, Kabirdham in Motor Accident Claim Case No.09/2015, whereby the Claims Tribunal has rejected the claim of the appellants/claimants for want of territorial jurisdiction to entertain the claim application.

(2.) Mr.Keshav Dewangan, learned counsel for the appellants/claimants would submit that though the accident occurred within territorial jurisdiction of the Claims Tribunal, Mungeli, but now the claimants are residing within territorial jurisdiction of the Claims Tribunal, Kabirdham and the Claims Tribunal, Kabirdham had the jurisdiction to entertain the claim petition by virtue of Sec. 166(2) of the Motor Vehicles Act, 1988 (hereinafter called as 'Act of 1988') and it could not have been rejected, therefore, the impugned award is liable to be set aside.

(3.) On the other hand, Mr.Umesh Pandey, learned counsel for respondent No.2, would support the impugned award.