- (1.) In the instant appeal filed by the appellantsclaimants under Section 173 of Motor Vehicles Act, 1988, the appellants are challenging the judgment and award dated 07.07.2009 passed by Judge, Motor Accident Claims Tribunal cum Addl. District Judge, Nagaur in M.A.C.T. Case No.42/2008 by which the Tribunal rejected the claim only on the ground of territorial jurisdiction.
(2.) Learned counsel for the appellants submits that an accident occurred at Unnav-Lakhnaw Highway when deceased Ramsukh was travelling in truck No.RJ-21/G-3107 in the morning of 08.06.2007. The appellant-claimants filed claim petition at Nagaur in the court of Motor Accident Claims Tribunal cum Addl. District Judge, Nagaur and after issuing notice reply was filed by the Insurance Company, thereafter, four issues2 were framed by the Tribunal for adjudication including the issue No.3-A with regard to terrtorial jurisdiction of the Tribunal.
(3.) Learned counsel for the appellants submits that after complete trial and taking evidence on all the four issues, the Tribunal decided the claim petition of the appellants only on the ground of jurisdiction and held that MACT, Nagaur is not having jurisdiction because appellants are residents of Malo ki dhani, Village Ren Tehsil Merta City, District Nagaur, therefore, MACT, Nagaur is not having jurisdiction to hear the matter. As per learned counsel for the appellant such finding given by the Tribunal for issue No.3-A is erroneous because the claims Tribunal of Nagaur is within Merta Judge-ship and once entire evidence is recorded by the trial Court then at the time of final adjudication, the claim petition was required to be adjudicated on merit and not on the basis of jurisdiction only.;