Jitendra Chauhan, J. - (1.) THE present appeal has been filed by the appellant on the ground returning of the claim petition vide order dated 18.11.2010, passed by the learned Motor Accident Claims Tribunal, Sonepat, (for short, 'the Tribunal').
(2.) LEARNED counsel for the appellant states that the accident in question occurred in the jurisdiction of District Kurukshetra, at that point of time the claimant had been residing at Delhi, however, after the death of her husband and son, she shifted to her native village under the jurisdiction of District Sonepat. The claim petition preferred by the appellant at Sonepat was dismissed on the ground of lack of jurisdiction holding that the accident took place in the territorial jurisdiction of the district Kurukshetra as the Court at Sonepat is not competent to pass the award though, the complete evidence has been recorded in this case. I have heard learned counsel for the parties and gone through the record.
(3.) SECTION 166(2) of the Motor Vehicles Act reads as under: - 166. Application for compensation. -(1) An application for compensation arising out of an accident of the nature specified in sub -section (1) of section 165 may be made - (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. (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. (3) XX XX XX (4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub -section (6) of section 158 as an application for compensation under this Act.;