Case Note & Summary
The appellant, Navnath s/o Shripati Bhawar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal at Aurangabad, seeking compensation for injuries sustained in a vehicular accident that occurred on 04.02.2013 at Ambad, District Jalna. The appellant resided in Aurangabad, and the insurance company's office was also in Aurangabad. Respondent nos. 1 and 2 (driver and owner of the vehicle) filed an application challenging the territorial jurisdiction of MACT Aurangabad, arguing that since the accident took place at Ambad, Jalna, only the MACT at Jalna had jurisdiction. The MACT Aurangabad allowed the application and held that it had no jurisdiction, directing the return of the petition. Aggrieved, the appellant filed an appeal from order before the High Court. The High Court considered the provisions of Section 166 of the Motor Vehicles Act, 1988, which allows a claim petition to be filed at the place of the accident, the place of residence of the claimant, or the place of business of the respondent. The court noted that the appellant resided in Aurangabad and had stated so in the claim petition. The court held that the MACT Aurangabad had jurisdiction as the claimant's residence fell within its territorial limits. The court set aside the impugned order and directed MACT Aurangabad to proceed with the claim petition on its merits.
Headnote
A) Motor Vehicles Act - Territorial Jurisdiction - Section 166 - Claimant's Residence - The issue was whether MACT Aurangabad had jurisdiction when the accident occurred at Ambad, Jalna, but the claimant resided in Aurangabad. The court held that under Section 166 of the Motor Vehicles Act, 1988, a claim petition can be filed at the place where the claimant resides, as the provision is beneficial and should be liberally construed. The order of MACT returning the petition was set aside. (Paras 1-4)
Issue of Consideration
Whether the Motor Accident Claims Tribunal at Aurangabad had territorial jurisdiction to entertain the claim petition when the accident occurred at Ambad, District Jalna, but the claimant resides in Aurangabad.
Final Decision
The appeal is allowed. The impugned order dated 16.05.2019 passed by MACT Aurangabad is set aside. MACT Aurangabad is directed to proceed with the claim petition on its merits in accordance with law.
Law Points
- Territorial jurisdiction under Section 166 of Motor Vehicles Act
- 1988
- Claimant's residence as basis for jurisdiction
- Liberal interpretation of procedural law
