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2021 Supreme(Raj) 342

VINIT KUMAR MATHUR
Mohd. Hanif – Appellant
Versus
Jaswant Singh – Respondent


Advocates appeared:
Mr. Sandeep Saruparia, for the Appellant; Mr. Kuldeep Vaishnav, for the Respondent.

JUDGMENT

1. The matter comes up on an application filed under rule 161 of High Court Rules, 1952 seeking early hearing of the case.

2. For the reasons mentioned in the application, the same is allowed.

3. With the consent of learned counsel for the parties, the matter is taken up and heard finally today itself.

4. The instant appeal has been preferred against the order dated 03.03.2020 passed by Motor Accident Claims Tribunal, Jaitaran District Pali in MACT Case No.60/2018. Vide order aforesaid, claim petition of the appellants-claimants was returned to them for presenting the same before the Tribunal having territorial jurisdiction.

5. Learned counsel for the appellants has vehemently submitted that the preliminary objection raised by the counsel for respondent Insurance Company should have been disposed of and decided in the first instance, whereas in the present case, learned Tribunal has framed the issue and decided the same only on the ground of jurisdiction. Learned counsel further submits that in view of section 166 (2) of Motor Vehicles Act, 1988, the claimants were residing in Jaitaran as the deceased and they were performing the work of casual labourers at village Kawaliya, Te

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