Jurisdiction of motor vehicle accident cases
Shailaja
(Querist) 11 May 2013
This query is : Resolved
Learned Experts
The claimant is residing at "X" place and his property is situated at "Y" place and accident is taken place at "Z" place
I want to know whether the petition can be in jurisdiction of "Y" place?
J K Agrawal
(Expert) 12 May 2013
No, It can be filed at Y place only if he says that he resides there.
prabhakar singh
(Expert) 12 May 2013
Subsection (2) of Section 166 of the M.V.Act requires that every application under subsection (1) for compensation shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred. This subsection speaks about the territorial jurisdiction of the Accident Claims Tribunal and not the subject matter to be tried by that Court.
Every Claims Tribunal established under the Act has jurisdiction to entertain the claims for compensation in respect of an accident involving death or bodily injury to a person arising out of the use of the Motor Vehicle or damage to any property of a third party so arising, or both.
R.K Nanda
(Expert) 12 May 2013
no, it has to be filed at Z.
