Rukmani Jain & Ors vs Ahri L. Sarikamnth Nayak & Ors
2010 Latest Caselaw 185 Del

11
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.524/2009

                               Date of Decision: 14th January, 2010
%

      RUKMANI JAIN & ORS                  ..... Appellants
                     Through : Mr. R.N. Sharma, Adv.

                      versus

      AHRI L. SARIKAMNTH NAYAK & ORS ..... Respondents
                     Through : Ms. Geetanjali Choudhary,
                               Adv. for R-2.
                               Mr. K.L. Nandwani, Adv. for
                               R-4.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                 YES
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                YES

3.      Whether the judgment should be                        YES
        reported in the Digest?


                          JUDGMENT (Oral)

1. The appellants have challenged the award of the

learned Tribunal whereby their claim petition was dismissed.

2. The accident dated 23rd May, 2003 resulted in the

death of Manak Chand. The deceased was survived by his

widow, two sons, daughter and father who filed claim petition

before the learned Tribunal.

3. The accident occurred at Erode, Tamil Nadu and the

learned Tribunal dismissed the claim petition on the short

ground that there is no jurisdiction in this matter.

4. The learned counsel for the appellants submit that the

appellants were residing at Delhi at the time of filing of the

claim petition.

5. Vide order dated 9th December, 2009, this Court

directed the SHO, PS Madhu Vihar to conduct an inquiry to

ascertain whether the appellants were residing at 174, New

Surya Kiran Apartments, Plot No.65, I.P. Extension, Delhi-

110092 at the time of filing of the claim petition on 2nd

January, 2004.

6. In pursuance to the aforesaid order, the SHO, PS Madhu

Vihar has conducted an inquiry and has submitted the

inquiry report today before this Court which is taken on

record.

7. As per the said inquiry report dated 14th January, 2010,

appellant No.1 was residing at A-174, New Surya Kiran

Apartments, I.P. Extension, Delhi-110092 on 2nd January,

2004. The inquiry report of the SHO, PS Madhu Vihar is

accepted and it is held that appellant No.1 was residing in

Delhi at the time of the filing of the claim petition and,

therefore, the Claims Tribunal had territorial jurisdiction to

entertain and try the claim petition. The contrary findings of

the Claims Tribunal are set aside.

8. The appeal is allowed and the claim petition is

remanded back to the Claims Tribunal to complete the

inquiry under Sections 168 and 169 of the Motor Vehicles

Act. This claim petition relates to the accident dated 23 rd

May, 2003 and, therefore, the Claims Tribunal is directed to

complete the inquiry within a period of three months.

9. The parties are directed to appear before the Claims

Tribunal on 15th February, 2010.

10. The Trial Court Record be sent back forthwith.

11. Copy of this order be given 'Dasti' to learned counsel

for the parties under the signature of Court Master.

J.R. MIDHA, J

JANUARY 14, 2010 aj