INJHE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG M.A.NO Q. /2004 ^XPPELLANT RESPONDENTS ;••'. .•» -^ ^i/ A/^rs^ ^w^ ,^/^j .-^<aj <s ^/ <?^ 1. 2./ ^ ^ SmtNurayasha Khatoon, wife of Mohd. Idrish, aged about 50 years, caste-Musalman, resident ofvjllageJarhee, P.S. Pratappur, Police Chowki, Bhatgaon, Distt. Surguja (Chhattisgarh) VERSUS Shashi Mohan Yadav, aged about 42 years, son of Shri Ramashankar Yadav, occupation - business, resident of F-12/46, Chokabhat Varanasi (Uttar Pradesh) Mangla Pandey, aged about 28 years, son of Ramkriti Pandey, occupation - Driver, Resident of vitlage Gaurdeeh, P.S. Choubepur, Distt. Varanasi (Uttar Pradesh) [^QB^- 3. United India Insurance Company y' Limited, through - Branch Manager, United India Insurance Company Limited, Branch Office - Mesaha, Distt. Varanasi (U.P.) ^ ^'. Mohd. Idrish, son of Late Abdul Gani, caste Musalman, aged about 60 years, resident of village Jarhi, P.S. Pratappur, Post - and Distt. Surguja (Chhattisgarh). 'TT' 5,^ ^ National Insurance Company Limited, through - Branch Manager, National Insurance Company Limited, Mobin Mahal Raipur, Chhattisgarh. Mu. Nusrat Khatoon, widow of Late Yunush aged about 20 years, <L>~ 7. Shahnaz, daughter of late / Yunush, aged about 2 years (Minor), through - natural guardian mother Smt Nusarat Khatoon, wife of Late Moh. Yunush, aged about 20 years, Respondents No.6 and 7 are resident of village Rajapur, Post Mujhaffarpur (Bihar.) MISCELLANEOUS APPEAL UNDER SECOND "173 OF THE MOTOR VEHICLES ACT. 1988 :y"% „ ":B"k, "•s!^an ?A 1&.1 y APPELLANT OF AT No.1387 OF 20( Smt. Nurayasha Khaioo; Versus .*h-"*;>1*- "'^•;*;^°<'*il < 'S^/^ ^^'?^*;.«,f. 'E^SHS IVE^U^?E 'i ^Ufi^V i^UU ^^H^; S '3 OF THE MOTORVEHiC-E ACT. (DBi_Hon'bie Shri S.nfl. Quddusi sj-ion'bie Sh" N.K. Asarwai, JJ.) •^•SVa : i. Shri Sushii Dubey, counsel fcr fhe appsliant, Shrl H.B. Agrawa!, Senlor Advocate with Ms. pragy Singh, counsei for resoondents No. 3. Shri A.N. Pandey, counsei for respondent No.4. Shri Dashrath Gupta, counsej for respondent No.5. ss? ^s.? C'^y-^'^t* /wfv 'ifl i:«'i@;3:^;-J.L-,.^"-- 1 [BStSiis^gF: ; The Instant appea! has been preferred by the appeilanfcfelaimant sgalnst the Empugned award datec 2C-08-2C04 passed by Second Additiona! ivlotor Accident Claims Tribunsl, Surajpur, District Sur^uja (?or short 'the Tribunai') in cialm csse No.46'2003, claiming compensation for the death of the deceased in ths accident, dismissing ths ciaim petition on ths ground that ths petition is not maintainab!e. 2. Brieffacts of the case ars that on 10-11-2001, a coliision took ptece between the Truck bearing registrafion No. MP 23 D/64S2 and fhe Trucfc bearing regisfration No. UP 65-H/9347 and the accfdent had taken p'ace dus to rash and negligent driving of ths driver of Truck bearing registration No. UP 65 H/9347 as a resuit of which Mohd. Yunus (since decsased) succumbed to the injuriss sustained In the accident. 3. The claimant has prsferred a ciaim petifion befo'e ths Tribunsi concerned under Section 166 of the Motor Vshicies Act, ciaiming compensation of Rs.25,65,000/- ror the death of the deceased in the said accldent. 4. The iearned Tr'buna! concerned on appreciation of the evfoence, materiai placed and submissions made by the parties, ••-^"••^< .'>' tSf »s'! dismissed the ciaim petitlon on the ground that the appellarst doss "iot belonci to the State of Chhattisgarh. 5. We have perused the record of the lowsr Court a.s vre)i as the connscted appeal in which husband of the ctaimant had fi'ed a sepa'ate ciaim petition claiming compensation for the damages to ths Truck bearing registration No. MP 23-D/6462 ofwhich he is the ownsr of the Truck. In the reaistration cei'tificate of the vehicle of the appellant/Mohd. Sdrish, rnade by the erstwhiie State of Madhya Pradssh on 04-01-1995, her permanent and temporary addresses hsve been given as under: >hd Idrish, S/o Shri Abdul Gani, Sazar Road, Tikrapara, Raipur (C-.G.)" Temsorarv Address Jarhl Mode, Shaggaon, District Surguja. The seai of the registering authority is AdditionaS R.T.O., Ambikapu', District Surguja (Chhattisgarh) dated 27-06-2001. As th®State of Madhya Pradesh was re-oraanised on 1-11-2000 and accordlns to address given in the registration certificate, the place of registraiion has come within the State of ChhatSisgarh, it cannot be said that the ippellant does not belong to State of Chhattisgarh. 8. The appeai arising out ofthe ciaim has been decided today ;.e. 25-1-2010 in M.A. 1363/2004 by this Court in separate order hoidins that the appellant is resident of State of Chhsttisgarh. !n view of the above, the findings recorded by the Tribuna! concerned regarcing reslder.t of the claimanf, Is per/erse. 7. However, the widow of the deceased (Smt. Nushrat Khatoon) has moved an appiication before the MACT, Samastipur whlch was registered as ciaim Case No.3/2003. There cannot be tv/o clairns at different piaces, the ciaims are to be decided toaeth'sr but since the cSsirri petltion claiming compensation for the death of Mohd. Yunus is a'readv pendina within the territoria! iurisdictlon of Samastiour Court. therefore, the appe'iants has an option to move an applteatlon under the proviso to Section 186(1) ofthe Motor Vehicies Act, (for short 'the Act.') before the Samastipur MACT, in Ciaim Cass No. 3/2003 fi.'ed by the Vt'idow ofthe deceased^which reads as under: "Provided that where a!l the iega! representaSives of the deceased have not joined in anv such appiication for compensation, the application shal! be mace on behaff of or for the benefit of ali the !ega! representatives of the deceased and the iegal representatlves who have not so Joined, sha!! be impieaded as respondsnts to the appllcation." In view of the above rnentioned facts and circumstances, we dismlss the appeal with Siberty to the appeiiant/claimant to fiie an appiication under the proviso to Section 166(1) of the Act before the Tribunal concerned in Cfaim Case No.3/2003 fiied by the widow of the deceased. No order as to costs. ——-----—-—— SdA i i N.K.Agrawal I.M.Quddusi Judge Judge Kyr