- (1.) This revisional application is directed against Order dated 28th February, 2014 passed by the Motor Accident Claims Tribunal and the Additional District Judge, 12th Court at Alipore in Motor Accident Claim Case No. 48 of 2003.
(2.) The petitioner herein being a victim in a motor accident filed a claim case on 11th February, 2003 under Section 166 of the Motor Vehicles Act before the learned District Judge, Alipore, South 24-Parganas and it was registered as M.A.C. Case No. 48 of 2003. The victim in his application claimed that while the accident took place in Debra Police Station he was temporarily residing at Z-84, Lenin Road under Metiabruz Police Station, Kolkata-700044 and he was a permanent resident of Berhampore in the district of Murshidabad.
(3.) Section 166 of the Motor Vehicles Act, 1988 is relevant for the present case. The learned Court below by the Judgment and Order dated 28th Februry, 2014 has held that the said Court has no territorial jurisdiction to pass an award of compensation and therefore, it ought not to have been filed before the Motor Accident Claims Tribunal at Alipore and accordingly, by the judgment and order the learned Court below has directed to return the claim application along with the Court fee to the learned Advocate appearing for the claimant for presentation before the appropriate forum.;