APPELLANT CLAIMANT J ’G of‘f‘“ ivi-rsian Ranch CW Smt. Shobha W/olSubhash Aged about36yrs. 26 Minor Jaymata S/e Subhash Agrwal age about 11yrs.. Minsr Bhagyashri S/c Subhash Age about 9yrs threugh her natural guradian mother Smt. Shobha wido Subhash. A11 resident of village Savaldi, RS. Nandgaon, Distt. Amravati Maharashtra. IN THE HIGH COURT Q1? CHHATTISGARH AT HHASBUR MA. N0. [g [Q /2093 Dharmendra Yadav S/o Bhagwan Prasad Yadav, age About 31yrs. Occu-Driver‘ R/o Ekbaggarsaray Distt. Nalanda Bihar. Awdhesh Prasad S/o ‘ Occu—Tmck Laxmiprasad Owner Truck No. BR 21/92821, R/o of Kundunapur P.O.— Ekbaggars'aray Disti- Nalanda, Bihar. National Insurance Company. H.0‘ Midilton Street Calcutta, 700071 through- BraHch Manager, Natitional Insurance Company, Branch Bilaspur m a) \u.u. VERSUS HIGH COURT OF CHHATTISGARH : BILASPUR M. A. No. 1010 of2003 Smt. Shobha 85 others v Versus Dhannendra Yadav as others Appellants Respondents APPEAL UNDER SECTION 173 OF THE 'MOTOR VEHICLES ACT, 1988 .. DB: Hon’ble Shn' I. M. Quddusi 85 Hon’ble Shri G. Minhajuddin, JJ Ms Hamida Siddiuqe, Advocate for the appellants. 3'Shri Rakesh Sahu, Advocatc for the respondent No.3. H V‘ 01mm: (Oral) ( Passed on this 27th day of J1me, 201 1 ) Per I. M. Quddusi, J. This appeal has been hled by thevappellantsl claimants against the impugned awaxd dated 2.6.2003, passed bye the Motor Accident Claims Tribunal, Raigarh in Claim Case No. 3/2006, dismissing w the claim peiiiion. We have heard learned counsel appearing for therappellantvand perused the lower Court recoxd as well as the hndings given in the ‘ impugned awani. 3. Brief facts, in nutshell, are that the appellants/claimants nled a claim petition under Secn’on '166 of the Motor Vehicles Act, 198& for award of a total compensation of Rs. 17,60,000/-« on the ground that Subhash Rao died in a motor ac‘cident‘on 22.4. 1996, cased by the vehicle, bearing registration No. B.R.—21/9281. Since no evidence was produced by the claimants as well as by any other non-applicants, the claim petition was dismissed by the impugned award. Learned counsel appearing for the appellant submits that the claimants are residents of Sawaldi, Police Station — Nandgaon, District- Amrawati (Maharashtra). They are very poor and they ’ have no sumcient source of income to pay expenses of journey n‘om Amawati (Maharashtra) to Raigarh (Chhattisgarh) and stay. at Raigarh, where the claim petin'on was nled. As the accident was taken place at Raigarh, the claim peu'tion was hled there, due to wrong advice. f)? Sub secu'on (2) of Section 166 of the Motor Vehicles Act provides that a claim petition can be $ed either at the place where the ‘: accident occurxed or at the place whele the clm'mants reside, which made as under : “166. Application for compensau’on. — (2) Eve1y application under sub-seciion (1) shall be made,‘at - r the option of the claimant, either to the Claims Tribunal having juxisdiction over the area in which the accident occulred, or‘to the Claims Tribunal Within the local limits otwhosejurisdiction the claimant resides or carries on business 01“? within the local . A limits of whose jurisdicu'on the defendant resides, and shall be in such form and contain such paniculais as may tbe . prescribed: Provided that Where no claim for compensation under section 140 is made in such application, the application shall v contain a separate statement to that edect immediately before the signature of the applicant.” Considering the facts and circumstances and also that no evidence was led by either of the pain'es’ before the Elaims * Tribunal, Raigarh, learned counsel appearing for the appellants prays for setting aside of the impugned ayvard as well as permission to withdraw the claim petih'on with liberty to hle a duly consu'tuted claim petin'on within the jurisdicu'onal Claims Tribunal where the claimants reside. In View of the above, we allow this appeal impart, set aside the impugned award dated 2.6.2003 and the claima petition is- dismissed as withdrawn with liberty to n16 a dulyrconstituted claim petition before the jurisdictional Claims Tribunal where the appellants/claimants are residing. No order as to costs The documents, if any, died with the claim petitionbefoxe the Motor Accident Claims Tribunal, Raigarh in Claim_ Case No. 3/ 2000 shall be returned to the appellants/claimants, retaining a photocopy of the same, if the same is asked for by them. The Sdl— Sd/- G. Minhaluddi“ LM. QUDDUSI Judge Judge