Nisha & Anr vs Vikram Singh & Anr
2017 Latest Caselaw 6199 Del

$~14
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Decided on: 6th November, 2017
+       MAC.APP. 961/2017 & CM No.39748/2017(exemption)
        NISHA & ANR                                  ..... Appellants
                            Through:    Mr. Anshuman Bal, Adv.
                            versus
        VIKRAM SINGH & ANR                           ..... Respondents
                            Through:    None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                     JUDGMENT (ORAL)

1. The appellants had instituted on 21.07.2017 accident claim case (ID No. 11246/2017) before Motor Accident Claims Tribunal of North East District, Karkardooma Court Complex, seeking compensation on account of death of their daughter Nargis in a motor vehicular accident that took place on 05.04.2017 in the State of Uttar Pradesh. The claimants (the appellants) have described themselves as residents of D-815, Gali no.20C, Bhajanpura, Delhi, 110053 which, if correct, would confer the jurisdiction on the tribunal to entertain the claim petition under Section 166(2) of Motor Vehicles Act, 1988. It appears the claimants had submitted a copy of their Aadhaar card as prima facie proof of such residence in

MAC.APP. 961/2017 page 1 of 2 Delhi.

2. The tribunal, however, has declined to entertain the claim petition by order dated 24.07.2017 observing that such Aadhaar card could not be presented as proof of residence, it being merely a proof of identity. The tribunal has declined to issue a notice, throwing out the claim petition at the threshold.

3. In the above facts and circumstances, no notice at this stage to the respondents is required to be issued since the doubts on the territorial jurisdiction were entertained by the tribunal on its own motion, such doubts having ultimately resulted in the petition being returned.

4. In the opinion of this Court, the approach of the tribunal was erroneous. It should have called upon the claimants to bring further evidence, if the documents filed with the petition were deficient in any which way.

5. The appeal is, therefore, allowed. The impugned judgment is set aside. The claim petition is revived and restored on the file of the tribunal for appropriate further proceedings in accordance with law. The claimants are directed to appear before the tribunal on 5th December, 2017.

R.K.GAUBA, J.

NOVEMBER 6, 2017
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MAC.APP. 961/2017                                    page 2 of 2