High Court Of ChhattisgarhWP227/435/2016dismissed

Navin Kumar Sahu v. Smt. Dulaurin Bai

2016-07-25Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 435 of 2016

1. Navin Kumar Sahu S/o Shri Gore Lal Sahu, Aged About 19 Years R/o Village Semara, Police Station & Tahsil Nawagarh, Civil & Revenue District Janjgir Champa Chhattisgarh ( Driver Of The Offiending Vehicle Motor Cycle Discover No C.G. 11 BB 7454 )

2. Shiv Charan Yadav, S/o Shri Gokul Yadav, aged about 29 years, R/o Village Semara, Police Station & Tahsil Nawagarh, Civil & Revenue District Janjgir Champa Chhattisgarh ( Owner Of The Offending Vehicle Motor Cycle Discover No C.G. 11 BB 7454 ---- Petitioner

Versus

1. Smt. Dulaurin Bai W/o Late Shri Manharan Kashyap, Aged About 33 Years

2. Ajay S/o Late Shri Manharan Kashyap, Aged About 9 Years

3. Vijay S/o Late Shri Manharan Kashyap, Aged About 5 Years (Respondents 2 & 3 are Minor Through Their Legal Guardian Smt. Dulaurin Bai, All are R/o Shiv Nagar Ramgara, Police Station Balko Nagar, Tahsil Korba, Civil & Revenue District Korba Chhattigarh

4. The Insurance Company, Unknown ( Insurar Of The Offending Vehicle Motor Cycle Discover No C.G. 11 BB 7454) ---- Respondent And WP227 No. 436 Of 2016

1. Navin Kumar Sahu S/o Shri Gore Lal Sahu, Aged About 19 Years R/o Village Semara, Police Station & Tahsil Nawagarh, Civil & Revenue District Janjgir Champa Chhattisgarh ( Driver Of The Offending Vehicle Motor Cycle Discover No C.G. 11 BB 7454 )

2. Shiv Charan Yadav, S/o Shri Gokul Yadav, Aged About 29 Years R/o Village Semara, Police Station & Tahsil Nawagarh, Civil & Revenue District Janjgir Champa Chhattisgarh ( Owner Of The Offending Vehicle Motor Cycle Discover No C.G. 11 BB 7454 ---- Petitioner Vs

1. Samaru Kenwat S/o Shri Sukalu Kenwat, Aged About 46 Years

2. Smt. Amrika Bai W/o Shri Samaru Kenwat, Aged About 44 Years Both are R/o Shiv Nagar, Ramgara, Police Station Balko Nagar, Tahsil Korba, Civil & Revenue District Korba Chhattisgarh

3. The Insurance Company Unknown (Insurer Of The Offending Vehicle Motor Cycle Discover No C.G. 11 B.B. 7454 ) ---- Respondent For Petitioners Mr. Paras Mani Shrivas, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/7/2016

1. Heard.

2. The Motor Accident Claims Tribunal, Korba has rejected the petitioners' applications under Order 7 Rule 11 of CPC, by which, the petitioners had raised objection regarding maintainability of the proceedings at Korba.

3. Objection to the jurisdiction of the MACT, Korba was raised on the ground that the accident took place at village Semara, District Janjgir-Champa and the parties are also resident of the same village, therefore, the claim petitions should have been preferred at Jangjir-Champa and not at Korba.

4. A reading of the claim petitions would reveal that the claimants have stated their place of residence at village Rumgara, Police Station Balko Nagar, Tehsil and District Korba in the cause title as well as para 24 of the claim petitions.

5. An objection to the jurisdiction of the Court is to be decided with reference to the pleadings made in the plaint and not by looking at any other documents. Even otherwise, Korba and JanjgirChampa are adjoining Districts.

6. For the above stated reasons, this Court does not find any substance in the writ petitions. They deserve to be and are hereby dismissed.

Sd/- Judge (Prashant Kumar Mishra) Shyna