Lalita Sonar v. Pankaj Lama @ Shayla and 2 Ors

ORDER Date : 19.01.2023

Heard Mr. B. Das, learned counsel appearing for the appellant. Also heard Mr. U. Deka, learned counsel appearing for the respondent.

The MAC claim petition was dismissed by the Tribunal for lack of jurisdiction.

Page No.# 5/6 I have considered the submissions of the learned counsel of both sides. The provisions relating to payment of compensation to motor accident victims are beneficial legislations. In order to buttress his argument Mr. Das has relied upon a decision of the Supreme Court that was delivered in Malati Sardar Vs. National Insurance Company Ltd & others. It has been laid down by the Supreme Court that when the main contesting parties are residing within the jurisdiction of the Tribunal, then the Tribunal has the jurisdiction to entertain the claim petition.

Be that as it may. The Tribunal on its own motion held that it did not have the jurisdiction but none of the parties raised this issue before the Tribunal.

I have already stated hereinbefore that the provisions of the Motor Vehicles Act relating payment of compensation to motor accident victims, are beneficial legislations and that is the reason why separate Motor Accident Claims Tribunals have been established.

This Court finds that the impugned order dated 18.05.2022 holding that the Tribunal did not have territorial jurisdiction is bed in law. Therefore, the order holding that the Tribunal did not have territorial jurisdiction to entertain the claim petition stands set aside.

The Tribunal shall dispose of the claim petition. Accordingly, the procedures laid down in law. Page No.# 6/6

The present appeal stands allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/6 GAHC040010792022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MACApp. 6/2022 1:Chabita Manki W/o Sri Dilip Manki, R/o Dakhin Rupohi, PO/PS Boginogi, Dist. Lakhimpur, Assam. 1:Nitul Gogoi and 2 Ors. So Tulan Gogoi, R/o Ahom Gohai Goan, PS N. Lakhimpur, Dist. Lakhimpur, Assam.. Owner of AS 07 G 2894 2:Nirdus Munda S/o Singh Munda R/o Mula Basti Harmoti Merbil PS Laluk Dist. Lakhimpur Assam.. Driver of AS 07 G 2894 3:The New India Assurance Com. Ltd. Near UCO Bank Banderdewa A Advocate for the Petitioner : B Das Advocate for the Respondent : Page No.# 2/6 Linked Case : MACApp. 7/2022 1:Lalita Sonar D/o Lt. Padma Bhadur Sonar R/o 16th Mile PO/PS Jairampur Dist. Changlang Arunachal Pradesh. 1:Pankaj Lama @ Shayla and 2 Ors. S/o Mangal Bh. Lama 16th Mile PO/PS Jairampur Dist. Changlang Arunachal Pradesh.. driver of AS 01 DD 8152 2:Sanjay Parik S/o Lt. L. Parik C/o N.K Gupta BishnujyotiPath Guahato. Kamrup (M) Assam. Ph. 09436412705... Owner of AS 01 DD 8152 3:United India Insurance Com. Ltd Naharlagun Opp Near Maruti Arena Model Village A.P Linked Case : MACApp. 9/2022 1:Bidisa Barla D/o Lt. Kaniya Barla R/o 8/11 Anishabari Page No.# 3/6 PO Merbil PS Laluk Dist. Lakhimpur Assam. 1:Naba Kt. Guhain and 2 Ors. S/o Mina Kt. Guhain R/o Pachim Boragoan Near Ganesh Manidir Gitanagar Kamrup Assam... driver of AS 01 BP 6801 Swift Dezire. 2:Mina Kt. Guhain S/o Lt. Phanidhar Guhain R/o Pachim Boragoan Near Ganesh Manidir Gitanagar Kamrup Assam.. Owner of AS 01 BP 6801 3:Oriental Insurance Com. Ltd Naharlagun T.T Complex Near Bharat Petrol Pump AP Linked Case : MACApp. 8/2022 1:Promila Rai W/o Lt. Guddu Rai R/o Vill/PO/PS Roing Dist. Dibang Valley Arunachal Pradesh. Page No.# 4/6 1:Ranu Gopal Sarda and 2 Ors. S/o Amar Ch. Sarda R/o Vill Jaskaran Building A.T Road PO/PS Jorhat Dist. Jorhat Assam... Owner of Vehicle No. AS01 G 9121 2:Ahrun Joseph S/o Mati Joseph R/o Manikpur PO Parsuikpur Dist. Muzafarpur Bihar... Driver 3:Oriental Insurance Com. Ltd Div/Office Naharlagun A Sector TT Complex AP BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA