GUDDI BAI BARETH Vs. GOVERDHAN PRASAD SHARMA

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally. Challenge in the present appeal is to the order dated 5.12.2012 passed by the Additional Motor Accident Claims Tribunal, Katghora, Distt. Korba (in short "the Tribunal") in Claim Case No. 116/11 whereby the Tribunal while allowing the application as filed by respondent No. 3 under Order VII Rule 11 CPC has returned the claim case of the appellants.

(2.) Brief facts of the case are that on 13.10.2011 Devprasad Bareth died in a vehicular accident which took place at main road, Baradwar, Distt. Janjgir-Champa.

(3.) A claim case was preferred by the appellants/claimants being widow and minor children of the deceased before the Tribunal mentioning therein that they are residing at Village-Chhuri, Tahsil-Katghora, Distt. Korba. Upon receiving notice, after filing its written statement, respondent No. 3 filed an application under Order VII Rule 11 CPC, inter alia, pleading that the accident had taken place at Baradwar, the claimants are the permanent residents of Village-Budena, Police Station-Pantora, Distt. Janjgir-Champa; the respondents/defendants are also not residing within the territorial jurisdiction of the Tribunal and therefore, the claim case as filed by the claimants be dismissed.