MAC.APP.No.524/2009 Page 1 of 3 11 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.524/2009 Date of Decision: 14th January, 2010 % RUKMANI JAIN & ORS ..... Appellants Through : Mr. R.N. Sharma, Adv. versus AHRI L. SARIKAMNTH NAYAK & ORS ..... Respondents Through : Ms. Geetanjali Choudhary, Adv. for R-2. Mr. K.L. Nandwani, Adv. for R-4. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The appellants have challenged the award of the learned Tribunal whereby their claim petition was dismissed. 2. The accident dated 23rd May, 2003 resulted in the death of Manak Chand. The deceased was survived by his widow, two sons, daughter and father who filed claim petition before the learned Tribunal. 3. The accident occurred at Erode, Tamil Nadu and the learned Tribunal dismissed the claim petition on the short ground that there is no jurisdiction in this matter. 4. The learned counsel for the appellants submit that the MAC.APP.No.524/2009 Page 2 of 3 appellants were residing at Delhi at the time of filing of the claim petition. 5. Vide order dated 9th December, 2009, this Court directed the SHO, PS Madhu Vihar to conduct an inquiry to ascertain whether the appellants were residing at 174, New Surya Kiran Apartments, Plot No.65, I.P. Extension, Delhi- 110092 at the time of filing of the claim petition on 2nd January, 2004. 6. In pursuance to the aforesaid order, the SHO, PS Madhu Vihar has conducted an inquiry and has submitted the inquiry report today before this Court which is taken on record. 7. As per the said inquiry report dated 14th January, 2010, appellant No.1 was residing at A-174, New Surya Kiran Apartments, I.P. Extension, Delhi-110092 on 2nd January, 2004. The inquiry report of the SHO, PS Madhu Vihar is accepted and it is held that appellant No.1 was residing in Delhi at the time of the filing of the claim petition and, therefore, the Claims Tribunal had territorial jurisdiction to entertain and try the claim petition. The contrary findings of the Claims Tribunal are set aside. 8. The appeal is allowed and the claim petition is remanded back to the Claims Tribunal to complete the inquiry under Sections 168 and 169 of the Motor Vehicles Act. This claim petition relates to the accident dated 23rd May, 2003 and, therefore, the Claims Tribunal is directed to MAC.APP.No.524/2009 Page 3 of 3 complete the inquiry within a period of three months. 9. The parties are directed to appear before the Claims Tribunal on 15th February, 2010. 10. The Trial Court Record be sent back forthwith. 11. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master. J.R. MIDHA, J JANUARY 14, 2010 aj