- (1.) Since these petitions arise out of the same impugned judgment and involve similar issue to be decided by this court, these petitions have been heard together and are being decided by this common judgment.
(2.) The petitioners-claimants are aggrieved by the judgment dated 9.2.2012 passed by the Motor Accident Claims Tribunal, Ajmer whereby the learned Tribunal has directed that the claim petitions be returned back to the petitioners ostensibly on the ground that the Tribunal does not have territorial jurisdiction to hear the claim petitions.
(3.) The brief facts of the case are that the petitioners-claimants are residents of Dhaka, Bangladesh. On 17.2.1997, the claimants, alongwith their other relatives, had come to Ajmer for visiting the holy shrine of Hazrat Khwaja Moinuddin Hasan Chishti. Having done so, on 18.2.1997 they were returning back from Ajmer to Jaipur. When they reached near Village Mokhampura, Tehsil Dudu, District Jaipur, suddenly a bus, bearing registration No.RJ14-P-2218, being driven rashly and negligently, came from opposite side, and collided with the Matador in which the claimants and their relatives were traveling. Consequently, three persons expired on the spot, and others were seriously injured. Since the claimants lost their family members, and since others suffered injuries, they decided to file claim petitions. However, as they were residents of Bangladesh, they did not know anyone except Jaan Mohammad Chishti, a Khadim at the holy shrine and through him, Mr. Ramesh Dhabhai, a practicing Advocate at Ajmer. Therefore in order to pursue their legal remedies, the petitioners gave their power of attorney to both, Jaan Mohammad Chishti and Ramesh Dhabhai. Consequently, Jaan Mohammad Chishti filed different claim petitions on behalf of the petitioners and others. All the claim petitions were decided by judgment dated 26.2.2011 by the Additional District Judge (Fast Track) No.4, Ajmer. The learned Judge returned the claim petitions on the ground that the court did not have the territorial jurisdiction to hear the claim petitions. Since the petitioners and others were aggrieved by the said judgment, they challenged the same before this court. By judgment dated 10.5.2011, this court remanded the case back to the learned Tribunal. After hearing both the parties, by judgment dated 9.2.2012 the learned Tribunal maintained its earlier judgment and again returned the claim petitions to the petitioners. Hence, this petition before this court.;