K LAKSHMI DEVAMMA Vs. REGIONAL MANAGER APSRTC KURNOOL

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the order dated 6.9.2002 passed by the Motor Accidents Claims Tribunal (I Additional District Judge), Kurnool in MVOP No.676 of 2000.

(2.) The claimants filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.6,00,000/- on account of the death of one Suresh in a motor vehicle accident occurred on 16.10.1999 near Konduru Cheruvu on the road Pebber- Kollapur, Mahaboobnagar District. The first claimant is the wife and the claimants 2 to 4 are the children of the deceased.

(3.) The claim petition is filed against the Regional Manager, A.P.S.R.T.C., Kurnool showing as respondent. The learned Tribunal framed the issues, conducted an enquiry into the claim during the course of which the claimants examined PWs.1to 3 and marked Exs.A1 to A5, whereas the respondent examined RW1. However, despite conducting an elaborate enquiry with a view to finally dispose of the claim petition, the Tribunal ultimately returned the claim petition for presentation in the appropriate Tribunal having jurisdiction on the ground that it has no territorial jurisdiction to conduct an enquiry into the claim. Consequently, the learned Tribunal declined to decide the remaining issues which relate to the liability of the Corporation to pay compensation and the quantum of compensation by the impugned order which is now under challenge in the present appeal.