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2021 Supreme(Gau) 705

Taillienkim Lushai – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Talukdar
For the Respondent: Mr. P.S. Deka

JUDGMENT :

Heard Mr. M. Talukdar, the learned counsel appearing on behalf of the petitioners and Mr. P.S. Deka, the learned counsel appearing on behalf of the respondent Nos. 2, 3 and 4.

1. This is an application under article 227 of the Constitution of India challenging the judgment dated 25.7.2016 passed in MAC Case No. 275/2013 by the Member, Motor Accident Claims Tribunal, Cachar, Silchar. Holding, inter alia, that the Motor Accident Claims Tribunal, Cachar, Silchar did not have the territorial jurisdiction within the meaning of section 166(2) of the MV Act, 1988, for short “the Act of 1988” to entertain the said claim petition.

2. The brief facts of the instant case is that the claimants who are the legal representatives of one Vanlalsiama Lushai claimed an amount of Rs. 21,00,000 as compensation on account of the accident which took place on 24.8.2001 at Longlai on PWD road at 9 a.m. under Umrangsho P.S. in the district of Dima Hasao by a motor vehicle bearing No. AS-3 01126 belonging to the respondent No. 4 herein. Though the accident happened in the year 2001, the claimants filed an application seeking compensation in the year 2013 before the Member, Motor Accident Claims Trib

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