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2019 DIGILAW 1429 (BOM)

Shamashuddin v. Swati

2019-06-21

M.G.GIRATKAR

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JUDGMENT : M.G. Giratkar, J. Heard learned counsel Shri Mohta for the applicant and learned counsel Shri Deshpande for the non-applicant nos. 1 and 2. 2. None appeared for the non-applicant nos. 3 to 6. 3. Admit. 4. The application is moved before this Court to transfer Motor Accident Claim Petition Nos. 61/2016, 141/2016 and 142/2016 pending before the Motor Accidents Claims Tribunal, Akola to the Motor Accidents Claims Tribunal, Achalpur, District Amaravati. 5. Learned counsel Shri Mohta for the applicant has pointed out the title of Motor Accident Claim Petition Nos. 61/2016, 141/2016 and 142/2016 and submitted that the claimants are not permanent residents of Akola. They are residents of Gondia, Pathrot and Daryapur respectively. Other six matters are pending before the Motor Accident Claims Tribunal, Achalpur in respect of the same accident, therefore, it will be proper to transfer all these petitions to Motor Accident Claims Tribunal, Achalpur. 6. Learned counsel Shri Deshpnade for the non-applicant nos. 1 and 2 has pointed out Section 166 of the Motor Vehicles Act and submitted that it is the option of the claimants to file petition at the place where they reside. He has pointed out paragraph no. 10 of Motor Accident Claim Petition No. 142/2016 and submitted that at the time of accident and now also, the claimants nos. 1 and 2 are residing at Akola. They have specifically stated that presently, they are residing at Akola on the given address. Therefore, they have filed petition before the Tribunal at Akola. 7. To resolve the dispute, Section 166 of the Motor Vehicles Act is very clear. Sub-clause (2) of Section 166 of the Motor Vehicles Act is reproduced as under. [(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed : Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.] 8. Section 166(2) specifically given option to the claimant to file the petition at any places mentioned in sub-clause (2). Option is to the claimant and not the owner/driver or insurance company. It is specifically stated in the petition that the claimants are presently residing at Akola. Pending of other cases before the Motor Accident Claims Tribunal, Achalpur may be because those applicants are residing within the jurisdiction of Achalpur. Therefore, these applications cannot be transferred to the Motor Accident Claims Tribunal, Achalpur. The application, being devoid of merit, is accordingly rejected with no order as to costs.