ANTARSINGH Vs. RAMPRAKASH

JUDGEMENT

(1.) Appellant-claimant has filed this appeal under section 173 of the Motor Vehicles Act against the award dated 19.4.2001 passed by the Additional M.A.C.T., Dhar in Claim Case No. 4 of 2001 dismissing the claim petition without considering the merits of the case on the ground that the M.A.C.T., Dhar is not having jurisdiction to hear and decide petition filed by the claimant and further directing that if the claimant wants to take back the petition he may do so for its presentation before the competent court having jurisdiction in the matter.

(2.) The following facts in this case are not in dispute for the disposal of this appeal that the accident in question occurred on 4.5.1999 at village Limkheda near Godhra in the State of Gujarat and the claimant/ the driver of the vehicle, resides at village Sagwal, Tehsil Sardarpur, District Dhar and the vehicle which met with the accident was insured with respondent No. 2, United India Insurance Co. Ltd. having its branch office at Indore. Admittedly, in this case the policy was issued at Indore and that the claim petition was filed before the Motor Accidents Claims Tribunal, Dhar. The insurance company took an objection before the M.A.C.T., Dhar that the Claims Tribunal at Dhar is not having any jurisdiction to decide the claim petition on the ground that neither the accident in question took place within the jurisdiction of Dhar court nor the claimant resides within its local jurisdiction nor the insurance policy was taken at Dhar nor the branch office of the insurance company situated at Dhar was made as party in the claim petition and prayed for dismissal of the claim petition on the ground of jurisdiction.

(3.) Learned Tribunal after framing the issues including the issues of jurisdiction and after considering the case of the parties and the provisions of section 166 (2) of the Motor Vehicles Act, held that since on all the grounds no cause of action arose to the plaintiff within the jurisdiction of the M.A.C.T., Dhar, the Dhar court is not having any jurisdiction to decide the claim petition filed by claimant, against which the claimant has filed this appeal.