NATIONAL INSURANCE CO LTD Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the award passed by Motor Accidents Claims Tribunal, Shimla in M.A.C. Petition No. 8-S/2 of 2006, whereby the claimant has been awarded compensation of Rs. 9,93,400 along with interest at the rate of 9 per cent per annum from the date of filing of the petition till realization of the amount.

(2.) THIS case raises certain important issues and shows how even senior officers, who are manning the Tribunals, are not even aware of the basic principles relating to the entertainment of claim petitions and assessment of damages. A petition can be filed at the option of the claimant in terms of section 166 (2) of the Motor Vehicles Act either before the Claims Tribunal having jurisdiction over the area in which the accident occurred or the Claims Tribunal having jurisdiction over the area where the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides. It is thus obvious that there are three different venues available. However, when the claimant files a petition at the place where he resides or carries on business there must be some material to show that he is residing and has the animus to reside there for some length of time. Merely visiting a place for purpose of treatment will not clothe the Motor Accidents Claims Tribunals with jurisdiction to entertain a petition.

(3.) AS per Black's Law Dictionary, the word 'reside' means to settle oneself or a thing in a place, to be stationed, to remain or stay, to dwell permanently or continuously, to have a settled abode for time, to have one's residence or domicile.