Hon'ble DR. KOTHARI, J.—This appeal by the State of Rajasthan through the Secretary, Medical and Health Department, Jaipur and Senior Medical Officer, Incharge, Upgraded Primary Health Centre, Jhadol, Dist. Udaipur has been filed against the claimants and owner of the vehicle against the award of the Motor Accident Claims Tribunal, Ajmer deciding the claim petition No.388/2006 (340/2006) on 8.9.2008 in respect of an accident which took place on 18.6.2005 at 9.30 a.m. at Jhadol, Dist. Udaipur. Since the claimants were residing at Ajmer, in accordance with the provisions of Section 166(2) of the Motor Vehicles Act, 1988, they could file claim petition at the place of their residence besides the place where the accident took place and therefore, they preferred to file said claim petition before the learned MACT, Ajmer and the said claim petition came to be decided by the learned Tribnal on 8.9.2008 awarding a sum of Rs.11,73,000/- in favour of the claimant for the death of one person of 43 years of age, named Homkishore. The death in question also took place in a Hospital at Udaipur when he was being taken to said hospital in ambulance belonging to State Government registered at RJ-27/E-1037. Thus, the accident and death took place at Udaipur which district falls within the territorial jurisdiction of principal seat of Rajasthan High Court at Jodhpur, whereas the claim petition was decided by the Tribunal at Ajmer which is within the territorial jurisdiction of Jaipur Bench of this Court. In this context, an appeal has been filed challenging the said award at the principal seat of Rajasthan High Court at Jodhpur since the place of accident giving rise to said cause of action of filing claim petition and then the State – owner of the vehicle filing present appeal arose at Udaipur, whereas the learned counsel for the State submitted on the office objection No.2 as to territorial jurisidction that since the Tribunal which has passed the impugned order is situated at Ajmer, therefore, this appeal would lie before the Jaipur Bench of this Court in whose jurisdiction the District Ajmer falls and therefore, this appeal may be transferred to Jaipur Bench of this Court.

2. Since the Registry has raised objection by way of a defect No.2 about the question of territorial jurisdiction of the principal seat of the Rajasthan High Court and it was also submitted by the learned Dy. Govt. Counsel Mr. Yashpal Khileree appearing for the appellant – State that this appeal may be transferred to Jaipur Bench of this Court, this Court after hearing him and hearing the arguments of amicus curiae Mr. Anand Purohit, AAG and the President of Rajasthan High Court Lawyers' Association and Mr. M.R. Singhvi, Advocate who were called upon to assist the Court on the said issue, has considered it appropriate to decide the question of territorial jurisdiction first before dealing with the merits of appeal.

3. The question of territorial jurisdiction of the principal seat of Rajasthan High Court at Jodhpur and Bench at Jaipur has come up for judicial scrutiny more often than not and despite the principles of deciding the territorial jurisdiction being well settled, choosing of forum as per convenience and filing of cases at the places other than the place where the cause of action actually arose by litigants and counsels, has kept this issue raking up again and again and therefore, this Court considers it appropriate to deal with the said question once again.

Territorial Jurisdiction

4. Admittedly, in the present case, the accident took place at Udaipur and death of the person for whom the claimants approached the Motor Accident Claims Tribunal, Ajmer also happened at Udaipur which admittedly and undisputably falls within the territorial jurisdiction of principal seat of Rajasthan High Court at Jodhpur, whereas the Tribunal which has decided the said claim petition was located at Ajmer since the claimants resided at Ajmer and they preferred to approach the said