TAILLIENKIM LUSHAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the judgment dtd. 25/7/2016 passed in MAC Case No. 275/2013 by the Member, Motor Accident Claims Tribunal, Cachar, Silchar. Holding inter alia that the Motor Accident Claims Tribunal, Cachar, Silchar did not have the territorial jurisdiction within the meaning of Sec. 166(2) of the MV Act, 1988, for short "the Act of 1988" to entertain the said claim petition.

(2.) The brief facts of the instant case is that the claimants who are the legal representatives of one Vanlalsiama Lushai claimed an amount of Rs.21,00,000.00 as compensation on account of the accident which took place on 24/8/2001 at Longlai on PWD road at 9 am under Umrangsho P.S. in the district of Dima Hasao by a Motor Vehicle bearing No. AS-301126 belonging to the respondent no. 4 herein. Though the accident happened in the year 2001, the claimants filed an application seeking compensation in the year 2013 before the Member, Motor Accident Claims Tribunal, Cachar, Silchar on the ground that at that relevant point of time there was no Motor Accident Claims Tribunal at Dima Hasao. It is the case of the petitioners that the said Motor Accident Claims Tribunal, Silchar was nearest to the place of the accident as well as the residence of the claimants for which the said application was filed at the Motor Accident Claims Tribunal, Silchar.

(3.) The respondents herein filed their written statement in the said proceedings and thereupon five issues were framed which for the sake of convenience is quoted herein below:-