The claimant's absolute discretion to choose the forum for filing a claim petition under Section 166(2) of the Motor Vehicles Act, 1988 must be upheld.

A.H. Saikia, J.

1. Heard Mr. A. Zhimomi, learned Counsel for the petitioner and Mrs. Y. Longkumar, learned State Counsel appearing for the official respondents.

2. By this writ petition, the petitioner, the Dimapur Bar Association, has made a limited grievance to the effect that though they have welcome the establishment of 5(five) Motor Accident Claims Tribunals (for short, the 'Tribunal') for 5 territories curving out within the State of Nagaland to exercise territorial jurisdiction over the areas specifically demarcated therein vide Notification dated 24.9.2003, the last paragraph of the said Notification is disturbing inasmuch as the same is contrary to the provision of law laid down in Section 166(2) of the Motor Vehicles Act, 1988 (for short, 'the Act').

3. For the sake of convenience, the Notification dated 24.9.2003 as well as Section 166(2) of the Act may be quoted as under:

GOVERNMENT OF NAGALAND

TRANSPORT and COMMUNICATION DEPARTMENT

KOHIMA

NOTIFICATION

Dated Kohima the 24th September, 2003

No. TPT/MV-12 - In order to facilitate the maximum possible accessibility to the public to prefer motor accident related compensation claims within the budgetary support available and in the larger interest of public service, the Governor of Nagaland is pleased to order as under:

(1) The appointment of Mr. I. Songsang, retired Deputy Commissioner (Judicial) as Member MACT under the establishment of the Transport Commissioner, Nagaland shall be terminated with effect from the date of completion on one month or 30 days, counted from the date of issue of this order. This shall be treated as one month notice given to the Officer as stipulated under Clause 3 of the terms and conditions indicated in the Officer's appointment order vide this Department Notification of even number dated 25.3.2002.

(2) Mr. L. Mangyand Lima, who by the same above cited order of this Department Notification dated 25.3.2003, had been appointed as ex-officio Member, MACT in addition to his duty as Judicial Magistrate 1st Class, shall be deemed to have ceased functioning as ex-officio Member, MACT, with effect from the date he demitted the office and handed over charge of Judicial Magistrate, 1st Class,.

(3) The following are appointed as ex-officio Member, MACT, with the territorial jurisdiction shown against each and on payment of an honorarium of Rs. 1,000 p.m. under the establishment of the Motor Vehicles Department.

(i) D.C. Judicial, Dimapur ex-officio Member, MACT with territorial jurisdiction over Dimapur District and Peren

Sub-Division, in addition to the duty as D.C, Judicial, Dimapur

(ii) A.D.C. Judicial, Kohima ex-officio Member, MACT with territorial jurisdiction over the remaining parts of Kohima District Phek District and Wokha District in addition to the duty as ADC, Judicial. Kohima.

(iii) ADC Judicial, Mokokchung ex-officio Member, MACT with territorial jurisdiction over Mokokchung Chung and Zunheboto district in addition to the duty as ADC, Juridical, Mokokchung.

(iv) ADC, Judicial, Tuensang ex-officio Member, MACT with territorial jurisdiction over Tuensang district in addition

to the duty as ADC, Judicial, Tuensang.

(v) ADC, Judicial, Mon ex-officio Member, MACT with territorial jurisdiction over Mon district addition to the

duty as ADC, Judicial, Mon.

The Officers shall perform duties from their own respective places of substantive posting as Judicial Officers, with the same man power and Office infrastructure provided to them by their parent department.

The Officers shall take over charge of cases pertaining to their respective territorial areas from Mr. L. Sosang Jamir, Member, MACT on expiry of one month notice given to the latter.

Sd/E.T. SUNUP

Addl. Chief Secretary to the Government of Nagaland

Dated Kohima the 24th September, 2004.

3. Section 166(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 the Claims