SURENDRA KAUR Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimant challenging award dated 23-10-2002 passed by the Special Judge (N. D. P. S.) and Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 23/2002, whereby the Claims Tribunal has dismissed the claim petition on the ground of territorial jurisdiction.

(2.) THE brief facts of the case are that the claimant filed an application for compensation under Section 166 of the Motor Vehicles Act (hereinafter referred to as 'act') claiming compensation for the injuries sustained by her. According to the claimant the accident has taken place at Village Banmore, District Morena on 23-2-2002 at about 11. 00 A. M. The claim petition was filed at Gwalior alleging that she is a resident of 80, Laxmi Bai Colony, Gwalior. The Claims Tribunal issued notices to the parties. The claim petition was contested by the Insurance Company. The Claims Tribunal framed as many as seven issues out of which issue No. 5 relates to territorial jurisdiction of the Claims Tribunal. The Claims Tribunal after recording the evidence dismissed the claim petition on issue No. 5 and rest of the issues are not at all decided by the Claims Tribunal. The Claims Tribunal after appreciating the evidence has come to the conclusion that the claimant was a resident of Banmore, which is in District Morena and she is not residing at 80, Laxmi Bai Colony, Gwalior.

(3.) SUB-CLAUSE (2) of Section 166 of the Act reads as under :-