P. Mandal, J. - (1.) This application is at the instance of the claimant and is directed against the order No. 9 dated April 3, 2009 passed by the learned Judge, Eleventh Bench, City Civil Court, Calcutta in Motor Accident Claim Case No. 431 of 2007 thereby returning the claim application to the filing lawyer for presentation before the proper tribunal.
(2.) The claimant instituted a claim application under Sec. 166 of the Motor Vehicles Act, 1988 against the owner of the vehicle and the insurance company before the learned Judge, City Civil Court, Calcutta contending, inter alia, that on March 6, 2007, the driver of the bus under registration No. WB -53 -1212 drove the said vehicle at a high speed, rash and negligent manner along the S.T.K.K. road and while it reached between Kumirpara and Baragachia, driver of the said bus lost his control and as a result, the bus collided with a tree beside the road resulting in severe injury of the passengers of the said bus including the claimant. The claimant was removed to Nabadwip S.G. Hospital and he was treated there and his treatment is still continuing. For that reason, he claimed compensation to the tune of Rs. 2,00,000/ -, medical expenses and interest thereon from the date of filing of the application. The owner of the vehicle is not contesting but the New India Assurance Company Limited is contesting the said application. They filed an application under Order 7 Rule 11 of the Code of Civil Procedure contending, inter alia, that the Court has no jurisdiction to try the claim case and hence the application should be returned to the learned lawyer for filing the same to the proper Court. That application was allowed by the impugned order. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;