DINESH BHARTI Vs. PUHUPRAM SAHU

JUDGEMENT

(1.) Claimant/appellant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') against the impugned order dtd. 12/12/2018, passed in Claim Case No.176/2016, whereby the learned First Additional Motor Accident Claims Tribunal, Durg, District Durg (for short 'the Claims Tribunal') has dismissed the claim application on the ground that the Claims Tribunal is not having territorial jurisdiction to entertain the application under Sec. 166 of the Act,1988.

(2.) Facts relevant for disposal of this appeal are that a claim application U/s. 166 of the Act, 1988 seeking compensation was filed by the claimant/appellant as against the injury suffered by him in the road accident. It was pleaded that on 23/11/2014 at 5:45 PM, appellant/injured was traveling on my motorcycle, bearing registration number CG 08 NA 6615, from village Tilai to his native village, Padumtara. When he reached near village Padumtara culvert, driver of a tractor bearing registration No. CG 11 A/8401 while driving the said vehicle in rash and negligent manner dashed him and caused accident. As a result of the accident, he suffered fractures in his tibia and fibula bones near the knee of right leg, as well as fractures to the pubic bones near right hip joint. He also suffered injuries in his chest and other parts of body.

(3.) The Learned Claims Tribunal, while adjudicating the matter, dismissed the claim application filed under Sec. 166 of the Motor Vehicles Act, 1988, on the ground that the Claims Tribunal is not having territorial jurisdiction to entertain and decide the application.