The main legal point established in the judgment is the interpretation and application of territorial jurisdiction under Section 166(2) of the Motor Vehicles Act.

Ritu Raj Awasthi, J.

1. Heard Mr. Sharve Singh and Mr. Neerja Singh, learned Counsel for appellants as well as Mr. A.K. Gaur, learned Counsel for the Union of India and Mr. Amit Manohar, learned Counsel for the Insurance Company and perused the records. Since common question of law is involved in these appeals as such they have been connected and heard together and are being decided by common judgment.

2. Learned Counsel for appellants submits that the alleged accident had taken place on 28th May, 1994 when the tractor trolley of the claimants was crossing at Chhitanpur Label Railway crossing (PS Katra, District Gonda). Due to rash and negligent driving of driver the train No. 5063 UP Gorakhpur-Bandra Express had hit the tractor trolley. It is submitted that the learned Tribunal while deciding the issues framed had come to conclusion that the alleged accident had taken place due to rash and negligent driving of the driver of train, however, while deciding the quantum of compensation it has come to conclusion that the Tribunal sitting at Allahabad does not have the territorial jurisdiction to award compensation.

3. Submission is that under the similar facts and circumstances, arising out of the same accident, several claim petitions were decided on merit by the Tribunal sitting at Allahabad and compensation was awarded. He has brought those judgments on record (17 in number) passed by the Tribunal, filed with supplementary affidavit.

It is submitted that while deciding those claim petitions the Tribunal had the occasion to decide the question of territorial jurisdiction and in Claim Petition No. 575 of 1997 the Tribunal has categorically held, while deciding issue No. 3 in this regard, that the Tribunal has territorial jurisdiction under Section 166(2) of the Motor Vehicles Act (hereinafter referred to as 'Act') to decide the claim petitions.

4. Mr. A.K. Gaur, learned Counsel appearing for the Union of India submits that the accident had taken place within the territory of District Gonda and the claim petition should have been filed at Gonda as the cause of action had arisen in the territory of District Gonda.

5. Mr. Amit Manohar, learned Counsel appearing for the Insurance Company submits that the learned Tribunal has rightly rejected the claim and has refused to grant any compensation as it does not have any jurisdiction to entertain claim with respect to accident which had taken place in district Gonda.

6. I have considered the submissions made by the 'parties' Counsel and gone through the records.

The short question involved in these appeals which requires consideration is whether the Motor Accident Claims Tribunal at Allahabad had the jurisdiction to decide the claim petition arising out of an accident which had taken place in District Gonda.

There is no dispute to the facts of the case.

Before considering the aforesaid issue, it would be appropriate to first consider the relevant provision in this regard.

Section 166(2) of the Act on reproduction reads as under:

"166. Application for compensation--(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 to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:

Provided that where no claim for compensation under Section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant."

As per aforesaid section, an application for compensation can be filed under Section 166(1) of the Act at the option of claimant either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose