Devender Tomar & ORS v. Jagbir Singh & ANR
$~27 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 7/2019 DEVENDER TOMAR & ORS ..... Petitioners Through:
Mr. Braham Singh, Advocate with Ms. Seema Singh, Mr. Rohit Vidhudi and Ms. Swati Taneja, Advocates.
versus JAGBIR SINGH & ANR ..... Respondents Through:
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 07.01.2019 CM APPL. 190/2019 Exemption granted, subject to all just exceptions. Application stands disposed of.
CM(M) 7/2019 Learned counsel for the petitioners has pointed out that the Court below while passing the impugned order failed to consider the provision of Section 166 sub-clause 2 and wrongly returned the petition to the complainant.
He has further submitted that the claimant is a resident of Delhi within the jurisdiction of Karkardooma Court. He further submits that in support of his claim he has filed the copies of Aadhar Card of all the three petitioners indicating therein, that they are the residents of House No. B-448 M.I.G Flats, East Loni Road, Shahdra, Delhi-110093.
A perusal of the FIR reveals that the accident took place at Baghpat which is at a distance of 25 kms from Karkardooma Courts and the Aadhar Card placed on record reflects that the petitioners are the residents of House No. B-448 M.I.G Flats, East Loni Road, Shahdra, Delhi-110093 which falls within the jurisdiction of Motor Accidents Claims Tribunal, Karkardooma Courts. The petitioner/claimant has opted the jurisdiction of Karkardooma Court under the provision of Section 166 sub-clause 2, Motor Vehicle Act 1988, as the petitioner is residing at the aforesaid address. In view of the submissions made by the learned counsel for the petitioner and in view of the judgment titled Mantoo Sarkar v. Oriental Insurance Company Limited and Others (2009) 2 Supreme Court Cases 244, I allow the petition filed by the petitioner and set aside the impugned order dated 30.08.2018.
A copy of this order be sent to the concerned Court to proceed with the matter in accordance of law forthwith.
With aforesaid directions, the present petition is disposed of. Dasti.
I.S.MEHTA, J JANUARY 07, 2019 nd