SAILEN SANTRA Vs. ISWAR PRASAD SAH

JUDGEMENT

(1.) This application is directed against the judgment and order dated 14.08.2001 passed by the learned Judge, Motor Accident Claims Tribunal, Tenth Court, Alipore, District : South 24 Parganas in M.A.C.C. No.235 of 2000 thereby giving direction for return of the application under Section 163A of the Motor Vehicles Act for filing the same before the appropriate forum.

(2.) The short fact is that the applicant suffered injury on 27.09.1999 at 18.00 hours on the Andul Road in front of the Allana Factory under P.S. Sankrail, District: Howrah owing to a motor accident and he filed the application under Section 163A of the Motor Vehivles Act against the owner of the offending vehicle bearing registration no.WB 25 8587 and the insurer. That application was heard by the learned Tribunal and he held that the learned Tribunal lacks jurisdiction and so the application should be heard by the appropriate forum. Accordingly, the learned Judge passed the order for return of the application to the applicant for being filed the same before the appropriate forum.

(3.) Being aggrieved by the said judgment and order, the applicant preferred an appeal and then the appellate court by an order dated 18.07.2008 dismissed the appeal holding, inter alia, that since the learned Tribunal returned the application for filing the same before the appropriate forum on the ground of want of territorial jurisdiction, the judgment and order cannot be described as an award within the meaning of Section 173 of the Motor Vehicles Act. Accordingly, no appeal lies and so the appeal was dismissed. The appellate court also directed that the applicant might seek appropriate relief before the appropriate forum in accordance with law. Thereafter, this application under Article 227 of the Constitution of India was filed against the impugned judgment and order dated 14.08.2001 passed by the learned Tribunal.