SANJEEV KUMAR Vs. BITTU

JUDGEMENT

(1.) This revision petition has arisen out of the order dated 8.4.2008 passed by the Motor Accidents Claims Tribunal, Chandigarh, whereby the Tribunal observed that the Tribunal at Chandigarh has no jurisdiction to try the petition.

(2.) Admittedly the accident in the case took place on 10.10.2004, near village Manakpur, Tehsil Kharar, consequently he was admitted in P.G.I., Chandigarh from 11.10.2004 to 20.12.2004. The case of the petitioner is that after he recovered from the injuries, he was shifted to House No. 757, Sector 22-A Chandigarh owned by Rajinder Singh. Thereafter, he was again admitted in P.G.I., Chandigarh on 31.5.2005 and discharged on 12.7.2005. Petitioner has alleged that since he is residing permanently in House No. 757, Sector 22-A, Chandigarh and he owns a factory there where he is working as such in view of the amendment in section 166 (2) of the Act, the claim petition could be filed within the jurisdiction of the Tribunal in which the accident occurred or within the local limits of the jurisdiction where the petitioner resides, therefore, Tribunal fell in error while observing that the petitioner should have established that he was residing within the jurisdiction of the court at Chandigarh at the time of accident and not thereafter.

(3.) Heard.