Charan Pratapdan Karnidan vs Chandrakishor Goyal S/O J. B. ...
2021 Latest Caselaw 17533 Guj

     C/SCA/16734/2021                                  ORDER DATED: 22/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16734 of 2021

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                     CHARAN PRATAPDAN KARNIDAN
                               Versus
                  CHANDRAKISHOR GOYAL S/O J. B. GOYAL
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Appearance:
MR KK THAKKAR(2834) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 22/11/2021
                   ORAL ORDER

Mr. Kaash Thakkar, learned advocate appearing for the petitioner has submitted that the Motor Accident Claims Tribunal (Auxiliary), Mehsana at Visnagar has passed the award, rejecting the claim petition only on the ground that the Tribunal has no jurisdiction to entertain the claim petition inasmuch as, the vehicle involved in the accident was of Madhya Pradesh; the owner of the vehicle is also residing at Madhya Pradesh; the driving license of the applicant suggest that the claimant, is resident of Rajasthan and was given the medical treatment at Jodhpur, Rajasthan; and the insurance policy of tanker was also taken from Madhya Pradesh.

2. It is submitted that the objection of the jurisdiction, ought to have been taken at the threshold, however, the same was not taken and was decided at the time of the hearing of the claim petition. It is submitted that in view of the language contained in sub-section (2) of Section 166 of the Motor Vehicles Act, 1988, the Tribunal could not have rejected the claim petition on the ground that it has no jurisdiction inasmuch as, the respondent is carrying on business within the territorial jurisdiction of the Tribunal.

C/SCA/16734/2021 ORDER DATED: 22/11/2021

3. Reliance is placed on the judgment of the Apex Court in the case of Malati Sardar vs. National Insurance Company Limited reported in (2016) 3 SCC 43. Reliance is placed on paragraphs 11, 12 and 14.

4. Considered the submissions. Issue notice, returnable on 20.12.2021.

(SANGEETA K. VISHEN,J) BINOY B PILLAI