[Cites 6, Cited by 0]
Chattisgarh High Court
Rajiya Khatun vs Kutubuddin Ansari on 25 March, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
2026:CGHC:14255
ASHOK
SAHU NAFR
Digitally
signed by
ASHOK SAHU
HIGH COURT OF CHHATTISGARH AT BILASPUR
Date:
2026.03.25
16:10:43
MAC No. 474 of 2020
+0530
1 - Rajiya Khatun, W/o. Late Abdul Salam, Aged About 22 Years, R/o.
Village And Post Bandu Chutaru, Police Station - Ranka, District -
Garhwa, Jharkhand, Mobile No. 9111909842.
2 - Sona Bibi, W/o. Taiyab Ansari, Aged About 50 Years, R/o. Village And
Post Bandu Chutaru, Police Station - Ranka, District - Garhwa,
Jharkhand.
3 - Taiyab Ansari, S/o. Abdul Sakur, Aged About 50 Years, R/o. Village
And Post Bandu Chutaru, Police Station - Ranka, District - Garhwa,
Jharkhand.
... Petitioners
versus
1 - Kutubuddin Ansari, S/o. Sarfuddin Ansari, Aged About 32 Years,
Occupation - Driver, R/o. Village And Post Nawadih, Police Station
Chainpur, District Palamu, Jharkhand, Present Address- Village
Datwaniya (Jhonthar) Dandila) Post Jarahi, Police Station And District
Garhwa, Jharkhand.
2
2 - Jahid Khan, S/o. Naimul Huq Khan, Occupation - Owner, R/o. House
No. 800/K, Premnagar Kusmunda, District Korba, Chhattisgarh.
3 - The Branch Manager, Bajaj Allianz General Insurance Company
Limited, Branch Office 2nd Floor, Shivmohan Bhawan, Vidhansabha
Road Pandari, Raipur, Chhattisgarh. (Insurer)
... Respondents
For Appellants : Ms. Akanchha Vishwakarma, Advocate,
on behalf of Mr. A.N.Pandey, Advocate
For Respondent No.3. : Mr. Sangeet Kumar Kushwaha, Advocate
(Single Bench)
Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
25.03.2026
1. The appellant has preferred this appeal under Section 173 of the
Motor Vehicles Act, 1988 calling in question the legality, validity
and correctness of the impugned order dated 28.11.2019 passed by
the learned Additional Motor Accident Claims Tribunal, Katghora,
Korba M.A.C. Case No. 11/2018, by which the claim application
filed by the claimants under Section 166 of the Motor Vehicles Act
has been dismissed on the ground that the Court has no jurisdiction.
2. Learned counsel for the appellants/claimants would submit that the
accident occurred on 10.09.2015 at Janjgir-Champa and Abdul
Salam died, therefore, the claimants have filed an application for
compensation before the Claims Tribunal Katghora, District Korba,
which has been rejected by recording a perverse finding that by
virtue of Section 166(2) of the Motor Vehicles Act, the Court has no
jurisdiction, but as per Annexure A-2 driver Jahid Khan resides at
Kusmunda, District Korba.
3. Learned counsel appearing for the respondent No.3 would support
the impugned order and submit the the appeal is liable to be
dismissed.
4. Heard learned counsel appearing for the parties and gone through
the records meticulously.
5. In order to consider the plea raised at the bar, it would be
appropriate to consider Section 166 of the Motor Vehicles Act.
"166. Application for compensation.--(1) An
application for compensation arising out of an
accident of the nature specified in sub-section (1) of
section 165 may be made--
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all
or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured
or all or any of the legal representatives of the
deceased, as the case may be:
Provided that where all the legal representatives of
the deceased have not joined in any such application
for compensation, the application shall be made on
behalf of or for the benefit of all the legal
representatives of the deceased and the legal
representatives who have not so joined, shall be
impleaded as respondents to the application.
[Provided further that where a person accepts
compensation under Section 164 in accordance with
the procedure provided under Section 149, his claims
petition before the Claims Tribunal shall lapse.]
[(2) Every application under sub-section (1) shall be
made, at the option of the claimant, either to the
Claims Tribunal having jurisdiction over the area in
which the accident occurred or to the Claims Tribunal
within the local limits of whose jurisdiction the
claimant resides or carries on business or within the
local limits of whose jurisdiction the defendant
resides, and shall be in such form and contain such
particulars as may be prescribed:
[(3) No application for compensation shall be
entertained unless it is made within six months of the
occurrence of the accident.]
[(4) The Claims Tribunal shall treat any report of
accidents forwarded to it under section 159 as an
application for compensation under this Act.]
[(5) Notwithstanding anything in this Act or any other
law for the time being in force, the right of a person
to claim compensation for injury in an accident shall,
upon the death of the person injured, survive to his
legal representatives, irrespective of whether the
cause of death is relatable to or had any nexus with
the injury or not.]"
6. A careful perusal of Section 166 of the Motor Vehicles Act would
show that the claim application can be filed over the area in which
the accident occurred, or to the Claims Tribunal within the local
limits of whose jurisdiction the claimant resides or carries on
business or within the local limits of whose jurisdiction the
defendant resides.
7. In the instant case, as per Annexure A-2, owner of the vehicle Jahid
Khan resides at Kusmunda, District Korba, therefore, the Motor
Accident Claims Tribunal Korba would have jurisdiction to decide
the claim application. Accordingly, the impugned order dated
28.11.2019 is set aside and the matter is remitted to the Motor
Accident Claims Tribunal Korba for deciding the claim application
strictly in accordance with law. Since the accident had occurred on
10.09.2015 and more than 11 years have already passed, the Claims
Tribunal is directed to decide the claim application within a period
of four months from the date of receipt of a copy of this order.
8. The parties are directed to appear before the Claims Tribunal Korba
on 13th April, 2026. No notice would be required to the claimant and
insurance company. Record be sent forthwith to the Claims Tribunal
Korba.
9. In the result, the appeal is allowed to the extent as indicated herein
above.
Sd/-
(Sanjay K. Agrawal)
Judge
Ashok
