JASO DEVI Vs. NIHAL BEG

JUDGEMENT

(1.) Heard Mr. Ajay Kumar, learned Counsel for the Appellant, Mr. Sunil Kumar Karn, learned Counsel for Respondent No. 1 and Mr. Sanjay Singh, learned Counsel for Respondent No. 2.

(2.) The present appeal under Order 43(1)(a) of the Code of Civil Procedure has been preferred against the order passed by District Judge-cum-Motor Vehicle Accidents Claim Tribunal, Muzaffarpur, (hereinafter to be referred as 'Tribunal') in Claim Case No. 82 of 2005 dated 26.8.2008, whereby the learned Tribunal has rejected the claim case on the ground of lack of territorial jurisdiction.

(3.) Short fact of the case is that on 25.4.2005 while husband of the Appellant was at road side, he met with an accident by a pick-up van bearing registration No. BR-37-6738. Accordingly, a first information report vide Musri Gharari P.S. Case No. 50 of 2005 was registered. In the said accident husband of the Appellant died. After the occurrence, a claim petition was filed by the Appellant both under Section 140 of the Motor Vehicles Act, 1988 as well as under Section 166 of the Motor Vehicles Act (hereinafter to be referred to as 'the Act') in the Court of District Judge-cum-Motor Vehicle Accidents Claim Tribunal, Muzaffarpur. It is not in dispute that the accident had taken place outside the territorial jurisdiction of the Muzaffarpur Court and the owner of the vehicle in question was also a resident of the district of Madhubani. In the claim petition temporary address of the claimant is mentioned as Muzaffarpur. In the claim petition issues were framed and finally the learned Tribunal by its order dated 26.8.2008 on the oral objection raised on behalf of the Defendants has rejected the claim petition on the ground of lack of territorial jurisdiction.