Lok Pal Singh, J.

This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 31.10.2008 passed by III F.T.C./Additional District Judge, Haridwar in M.A.C.T. No.57 of 2005, whereby the Tribunal has dismissed the claim petition on the ground of territorial jurisdiction.

2. Briefly stated facts of the case are that on 19.10.2001 Jai Pal Singh (deceased) was going from Madhuban Police Complex to Karnal Chowk by riding a cycle on the left hand side of the unmetalled road. At about 6.45 pm, when he reached near Premium Thread Factory Karnal, on Panipat to Karnal G.T. Road, a Maruti Car bearing Registration no.PB-21-0005 being driven rashly and negligently by respondent no.2, came from behind and hit the cycle of Jai Pal Singh by going on extreme left side of the road. As a result, Jai Pal Singh fell down and suffered multiple, simple and grievous injuries including head injury and was taken to Civil Hospital Karnal from the spot where he succumbed to the injuries. With these averments, the claimants, who are father, children and wife of the deceased, filed the claim petition before Motor Accidents Claim Tribunal, Haridw