This appeal is preferred challenging the correctness of the judgment and order dated 4th September, 2015 passed by 4th Motor

Accident Claims Tribunal in M.A.C. Case no. 413 of 2012, on the grounds taken in the memorandum of appeal.

2. The judgment is assailed on the ground that the Tribunal has erred in dismissing the claim application filed under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred as the Act) holding that it had no territorial jurisdiction to entertain the application.

3. The brief facts of the case on the point of territorial jurisdiction are that the contesting respondent Divisional officer has an office at Paschim Medinipur and the claimant also resides at Paschim Medinipur whereas the accident occurred in Purba Medinipur. The claim application was preferred by the claimant at Paschim Medinipur. As such, according to the claimant/appellant, the award suffers from an error of jurisdiction apparent on record and in law, for, the Tribunal has not considered the provisions of section 166 sub-section (2) of the Act, which reads :

“Section 166(2):

Every application under sub-section (1) shall be made, at the option of the claimant, either to