SMT. SUSHILA BEHARA Vs. NARSINGH @ SHRIKANT

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act' in short) has been preferred by the Appellants-Claimants, assailing the order dated 20.6.2016 passed by the Additional Motor Accident Claims Tribunal, Saraipali, District Mahasamund ('the Claims Tribunal' in short), in Claim Case No. 66 of 2014, whereby the claim application of the Appellants-Claimants has been rejected by the Claims Tribunal on the ground of not having territorial jurisdiction.

(2.) Brief facts of the case are that a vehicular accident took place on 30.8.2013 at Village Gharjhara under Police Station Sarsiva, District Balodabazar. As a result of the said accident, Naresh Behara had died leaving behind the Appellants-Claimants as his legal heirs. The Claimants in the present case are, wife, children and parents of the deceased Naresh Behara. On 26.11.2014, they had filed a claim application under Section 166 read with Section 140 of the Act before the Additional Motor Accident Claims Tribunal, Saraipali, District Mahasamund. Vide impugned order dated 20.6.2016, the Claims Tribunal has rejected the claim application on the ground of not having jurisdiction, for the reason that the accident had taken place at a different place and that the address shown in the claim application seems to have been shown only with an intention of filing the claim application before the Additional Motor Accident Claims Tribunal, Saraipali, District Mahasamund.

(3.) At this juncture, it would be relevant to refer to the provision of law in this regard. Section 166(2) of the Act states as under: