SHILA DEVI Vs. KHADI

JUDGEMENT

(1.) Both of these appeals are directed against the common order dated 10.9.1998 passed by the Motor Accidents Claims Tribunal at Tikamgarh in Claim Case Nos. 46 and 47 of 1996 returning the claim petitions of the appellants for want of territorial jurisdiction.

(2.) Since both the appeals involve common questions of law and facts, these are being disposed of together by this common judgment and order.

(3.) It will be appropriate to mention the facts of the case in brief as hereunder: On 28.5.1998 deceased Mohanlal Lodhi and Malkhan died in an accident which took place near Khurecha Banda and the offending vehicle in that accident was tractor No. MP 15-D 1739 which was owned by respondent Nos. 1 and 2. Hariram who also died in the accident was the driver of the offending tractor. A trolley was attached with the tractor. The tractor along with trolley was going from Mahuranipur to Kudilaya. Deceased Mohanlal and Malkhan were also sitting in the tractor. Due to the mishap tractor-trolley overturned, which resulted in the death of Mohanlal, Malkhan and also of driver Hariram. The accident took place within the local limits of the Tribunal located at Jhansi (U.P.). The claimants, who are the legal representatives of the deceased and residents of Kudilaya, Tehsil Jatara, District Tikamgarh, filed their claims before the Motor Accidents Claims Tribunal, Tikamgarh, within whose jurisdiction they resided.