KAMLESH Vs. SATISH KUMAR

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, the petitioners have challenged the order dated 20.1.2011 (Annexure P-1) passed by the Motor Accident Claims Tribunal (in short "the Tribunal") whereby the claim petition filed by the petitioners has been dismissed for want of territorial jurisdiction.

(2.) Briefly stated, the facts necessary for adjudication of the present petition are that on 29.10.2008, Raghbir Singh came to meet his brother-in-law Sohan Lal on his motorcycle. At about 5.00 PM, Raghbir Singh started on his motorcycle and Sohan Lal started on his moped to go to his village. At about 5.30 PM when both of them crossed the drain of village and were towards their village side and the motorcyclist was at the back of the moped at some distance, then offending vehicle driven by respondent No. 1 in a rash and negligent manner came from village side and hit into the moped of Sohan Lal, as a result of which Sohan Lal fell on the road and received serious injuries on his head. On 29.10.2008, Sohan Lal succumbed to his injuries received in the accident. FIR No. 362 was registered on 30.10.2008 under Sections 279/304-A of the Indian Penal Code against respondent No. 1 in this regard. The petitioners filed a claim petition before the Tribunal for compensation on account of death of Sohan Lal in a motor vehicular accident being legal heirs of the deceased. The respondents filed their respective replies raising various preliminary objections. The respondents also refuted the averments made in the claim petition. The Tribunal framed the issues and thereafter the case was fixed for evidence. The parties led their respective evidence. It was held vide award dated 20.1.2011 that Tribunal at Hisar did not have jurisdiction and the petition was ordered to be returned to the petitioneRs. Hence, the present revision petition.

(3.) I have heard learned counsel for the parties and have perused the record with their assistance.