(1.) The present appeal has been filed by the claimants against the award dated 29.10.2008 passed by the Motor Accident Claims Tribunal, Chandigarh.
(2.) The short point in the present case is that the claim petition filed by the claimants was dismissed by the Tribunal on the ground of jurisdiction. The claimants are in appeal aggrieved by the said award. The brief facts relevant to the present case are that the son of the claimants, namely, Pranav Vishal Garg, had died in a motor vehicular accident which took place on 14.09.2004 at about 10.50 A.M. On the date of the accident, Pranav Vishal Garg and his friend Amrit Thapa were going on separate motorcycles. Pranav Vishal Garg was going ahead of Amrit Thapa, who was going on his motorcycle bearing registration No.HR-02A-3775. When Pranav Vishal Garg took a turn, the offending vehicle bearing registration No.UP-14D-0475 came from the side of Dadri in a rash and negligent manner and hit his motorcycle from the back thereby crushing him and his motorcycle. Pranav Vishal Garg died on the spot. FIR No.18/2004 dated 14.09.2004 was recorded on the statement of Amrit Thapa.
(3.) The claim petition was contested by the respondents on the ground that the Tribunal did not have territorial jurisdiction to entertain and try the petition as the cause of action had not occurred at Chandigarh. Neither the accident took place in Chandigarh nor the claimants were residing in Chandigarh. On the basis of the pleadings of the parties and the evidence on the record, the Tribunal returned the finding that the Tribunal at Chandigarh did not have jurisdiction to try the petition and returned the same for presentation before the proper court in accordance with law. Aggrieved by the same, the present appellants have approached this Court.