ORIENTAL INSURANCE CO LTD Vs. KRISHANA AND OTHERS

JUDGEMENT

(1.) The instant civil revision arises from an order dated 14.10.2015 passed by learned Motor Accident Claims Tribunal, Chandigarh (in short, 'the Tribunal') whereby application under Order 7 Rule 10-A of the Code of Civil Procedure (in short, 'CPC') raising an objection of territorial jurisdiction, has been dismissed.

(2.) Brief facts of the case are to the effect that on 11.07.2015 Ajmer Singh (since deceased) son of claimants i.e. respondent No. 1 and 2 was going on a motorcycle from village Madanheri to Kharar District SAS Nagar Mohali, when he reached on Randhawa Kharar Road, he was hit by a motorcycle bearing registration number PB-65-AB-9734 coming from opposite direction being driven by Rajat Pal Singhrespondent No. 3 which is insured with the petitioner insurance company. As a result of accident Ajmer Singh fell down and suffered multiple injuries and later on died in the hospital. Respondent Nos. 1 and 2, claimants are parents of deceased-Ajmer Singh. They filed an application under Section 166 of Motor Vehicles Act (for short, 'the Act'). During the pendency of claim petition, petitioner-insurance company moved an application under Order 7 Rule 10-A CPC for return of the petition on the ground that court at Chandigarh has no jurisdiction to try the claim petition because neither the accident has taken place within territory of Chandigarh nor the claimants are residents of Chandigarh. The address given in the claim petition is incorrect and they are not residing at that place, they are residing at village Madanheri Tehsil Kharar District Mohali. It was prayed that the claim petition be returned for filing at Mohali. The claimants filed reply to the application stating that they are presently residents of village Palsora, Chandigarh.

(3.) The Tribunal dismissed the application holding that the claimants are residing in village Palsora which falls within the territorial jurisdiction of Chandigarh and the said address has been given in the claim petition. Aggrieved against the impugned order, present petition has been preferred.