Ashis Kumar Chakraborty, J. - (1.) This revisional application is directed against the order dated September 26, 2011 passed by the learned Judge, Motor Accident Claim Tribunal/XIth Bench, City Civil Court at Calcutta in M.J.C. No. 8 of 2005. By the impugned order, the learned Court below returned the claim petition filed by the petitioner, under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act of 1988") to his advocate for presentation of the same before the appropriate forum, on the ground that it lacks territorial jurisdiction to entertain the claim.
(2.) The petitioner filed the motor accident claim before the learned Court below on the ground that the opposite party no. 1-Insurance Company has its registered office at 3, Middleton Street, Kolkata- 700 071, within the jurisdiction of the learned Court below. The learned Court below, however, rejected the claim petition of the petitioner on the ground that the motor accident out of which the petitioner suffered the physical injury took place at B.T. Road, Dunlop within the jurisdiction at North 24-Parganas, the driver and the owner of the offending lorry reside in the district of Hooghly. The learned Court below further held that if the victims of motor accident cases are permitted to file claim cases in the Tribunals situated within the jurisdiction of the registered office of the Insurance Company, then such Tribunals will be flooded with claim cases and as such, return the claim petition to the petitioner.
(3.) Having considered the facts of the case, I find that the impugned order passed by the learned Court below rejecting the claim petition cannot be sustained.;