STATE OF RAJASTHAN Vs. REKHA MAHAWAR

JUDGEMENT

(1.) THIS appeal by State of Rajasthan through the Secretary, Medical and Health Department, Jaipur and the Senior Medical Officer, Incharge, Upgraded Primary Health Centre, Jhadol, Distt. Udaipur, has been filed against the claimants and owner of the vehicle against the award of the Motor Accidents Claims Tribunal, Ajmer deciding the Claim Peti- tion No. 388 of 2006 (340 of 2006) on 8.9.2008 in respect of an accident which took place on 18.6.2005 at 9.30 a.m. at Jhadol, Distt. Udaipur. Since the claimants were residing at Ajmer, in accordance with the provisions of section 166 (2) of the Motor Vehicles Act, 1988, they could file claim petition at the place of their residence besides the place where the accident took place and, therefore, they preferred to file said claim petition before the learned M.A.C.T., Ajmer and the said claim petition came to be decided by the learned Tribunal on 8.9.2008 awarding a sum of Rs. 11,73,000 in favour of the claimants for the death of one person of 43 years of age, named Homkishore. The death in question also took place in a hospital at Udaipur and when he was being taken to said hospital in ambulance belonging to State Government registered at RJ 27-E 1037. Thus, the accident and death took place at Udaipur which district falls within the territorial jurisdiction of the principal seat of Rajasthan High Court at Jodhpur, whereas the claim petition was decided by the Tribunal at Ajmer which is within the territorial jurisdiction of Jaipur Bench of this court. In this context, an appeal has been filed challenging the said award at the principal seat of Rajasthan High Court at Jodhpur since the place of accident giving rise to said cause of action of filing claim petition and then the State-owner of the vehicle filing present appeal arose at Udaipur, whereas the learned counsel for the State submitted on the office objection No. 2 as to territorial jurisdiction that since the Tribunal which has passed the impugned order is situated at Ajmer, therefore, this appeal would lie before the Bench at Jaipur of this court in whose jurisdiction the District Ajmer falls and, therefore, this appeal may be transferred to Jaipur Bench of this court.

(2.) SINCE the Registry has raised objection by way of a defect No. 2 about the question of territorial jurisdiction of the principal seat of Rajasthan High Court and it was also submitted by the learned Dy. Government Counsel Mr. Yashpal Khileree appearing for the appellant State that this appeal may be transferred to Jaipur Bench of this court, this court after hearing him and hearing the arguments of amicus curiae Mr. Anand Purohit, A.A.G. and President of Rajasthan High Court Lawyers' Association and Mr. M.R. Singhvi, Advocate who were called upon to assist the court on the said issue, has considered it appropriate to decide the question of territorial jurisdiction first before dealing with the merits of appeal.

(3.) THE expression 'cause of action' is expressed in Mulla's Code of Civil Procedure as under: