SUMESH DEVI Vs. KUNWAR PAL

JUDGEMENT

(1.) This petition has been filed by the petitioners challenging the order dtd. 1/6/2022 (hereinafter referred to as the 'Impugned Order') passed by the learned Motor Accident Claims Tribunal, South-East District, Saket Courts, New Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 972/2019 titled Sumesh Devi v. Kunwar Pal, putting the Claim Petition filed by the petitioners herein in the category of doubtful cases in terms of the directions passed by the Supreme Court in Special Leave Petition (Civil) No. 1110/2017 titled Shafiq Ahmed v. ICICI Lombard General Insurance Co. Ltd.; directing the Ahlmad of the learned Tribunal/Court to send a copy of the order to the Registrar General of this Court for information; and to adjourn the Claim Petition sine die with liberty to revive the same as per the directions of this Court or the Supreme Court.

(2.) The learned counsel for the petitioners submits that the Claim Petition filed by the petitioners has been categorized as one falling under the doubtful category in terms of the directions of the Supreme Court in Shafiq Ahmed (Supra), only on the ground that the accident in question had taken place within the jurisdiction of Police Station Sector 39, Noida, Gautum Budh Nagar, Uttar Pradesh; the petitioners are residents of Bulandshahar, Uttar Pradesh; respondent no.1/driver is a resident of Farukhabad, Uttar Pradesh, while the respondent no.2/owner is the resident of Noida. The learned Tribunal, however, failed to appreciate that the insurance policy for the Offending Vehicle was issued by respondent no.3 herein, that is the Insurance Company, from its Delhi Office. He submits that, therefore, in terms of Sec. 166(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act'), the jurisdiction of the Tribunal at Delhi was rightly invoked.

(3.) He further submits that the learned Tribunal had no material before it to categorize the Claim Petition filed by the petitioner in the category of doubtful cases inasmuch as respondent no.3 had not filed any complaint in this regard and in terms of the Central Motor Vehicles (Fifth Amendment) Rules 2022 (hereinafter referred to as the 'Amendment Rules'), notified by the Ministry of Road Transport and Highways under Notification no. G.S.R. 164(E) dtd. 25/2/2022, to come into effect from 1/4/2022. He further submits that merely because earlier the FIR was registered against an unknown vehicle while later, upon investigation a charge-sheet came to be filed against the Offending Vehicle, the Claim Petition cannot be said to be falling in the doubtful category.