Nirmala Devi and ors. Nirmala Devi and ors. … v. Satbir Singh and ors. Satbir Singh and ors
Case Details
CR-5549- -2023 (O&M) [1] 153 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH R-5549-2023 (O&M) CR Date of Decision: 13.08.2025 Date of Decision: Nirmala Devi and ors. Nirmala Devi and ors. …..Petitioners VERSUS Satbir Singh and ors. Satbir Singh and ors. …..Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE CORAM: HARKESH MANUJA Gopal Sharma, Advocate Present : Mr.Gopal Sharma, Advocate Present : for the petitioners None for respondents No.1 and 2. None for respondents No.1 and 2. Mr. Sanjeev Kodan, Advocate Mr. Sanjeev Kodan, Advocate for respondent No.3. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present revision petition, challenge has been By way of present revision petition, challenge has been By way of present revision petition, challenge has been laid to an order dated 03.08.2023 passed by laid to an order dated Learned Motor Accident passed by Learned Motor Accident filed at the Claims Tribunal, Rewari, whereby the claim petition filed at the Claims Tribunal, Rewari, whereby the claim Claims Tribunal, Rewari, whereby the claim eing dependents of deceased Pawan, instance of the petitioners being dependents of deceased Pawan, eing dependents of deceased Pawan, instance of the petitioners b who lost his life in road accident on 27.03.2021 has been returned for who lost his life in road accident on 27.03.2021 has been returned for who lost his life in road accident on 27.03.2021 has been returned for who lost his life in road accident on 27.03.2021 has been returned for want of territorial jurisdiction to be submitted before the Court of want of territorial jurisdiction to be submitted before the Court of want of territorial jurisdiction to be submitted before the Court of want of territorial jurisdiction to be submitted before the Court of competent jurisdiction. competent jurisdiction. 2. ugh I have heard learned counsel of parties and gone through I have heard learned counsel of parties and gone thro the paper book. the paper book. SANJAY GUPTA 2025.08.19 10:40 I attest to the accuracy and integrity of this document CR-5549- -2023 (O&M) [2] 3. A perusal of the memo of parties of the claim petition A perusal of the memo of parties of the claim petition A perusal of the memo of parties of the claim petition clearly reflects that the address of the petitioners-dependents clearly reflects that the address of the clearly reflects that the address of the dependents as mentioned at the time of filing of the claim petition was of District mentioned at the time of filing of the claim petition was of District mentioned at the time of filing of the claim petition was of District mentioned at the time of filing of the claim petition was of District Rewari and thus there was no purpose Rewari and return the claim petition in there was no purpose to return the claim petition in terms of Order 7 Rule 10 CPC for presenting terms of Order 7 Rule 10 CPC the same before the for presenting the same before the jurisdiction. Court of competent territorial jurisdiction. Court of 4. Once the dependents/ petitioners have already mentioned Once the dependents/ petitioners have already mentioned Once the dependents/ petitioners have already mentioned n of the Motor their residence of Rewari, it was within the jurisdiction of the Motor their residence of Rewari, it was within the jurisdictio their residence of Rewari, it was within the jurisdictio Accident Claims Tribunal, Rewari to adjudicate upon the claim Accident Claims Tribunal, Rewari to adjudicate upon the claim Accident Claims Tribunal, Rewari to adjudicate upon the claim Accident Claims Tribunal, Rewari to adjudicate upon the claim on merits petition preferred at the instance of claimants/ petitioners on merits petition preferred at the instance of claimants/ petitioners petition preferred at the instance of claimants/ petitioners rather than returning the same by adopting overly rather than technical approach. by adopting overly technical approach. 5. At this stage, it may also be noticed here that the At this stage, it may also be noticed here that the At this stage, it may also be noticed here that the impugned order has been passed after the conclusion of evidence by impugned order has been passed after the conclusion of evidence impugned order has been passed after the conclusion of evidence impugned order has been passed after the conclusion of evidence both the parties and the matter was pending for final hearing/ both the parties and the matter was pending for final hearing/ both the parties and the matter was pending for final hearing/ both the parties and the matter was pending for final hearing/ adjudication. adjudication. 6. Considering the fact that Section 166 of the Motor Considering the fact that Section 166 of the Motor Considering the fact that Section 166 of the Motor Vehicles Act, 1988 is a be les Act, 1988 is a benevolent legislation, more pragmatic nevolent legislation, more pragmatic approach was required to be adopted by the learned Motor Accident approach was required to be adopted by the learned Motor Accident approach was required to be adopted by the learned Motor Accident approach was required to be adopted by the learned Motor Accident Claims Tribunal, Rewari. In such circumstances, the impugned order Claims Tribunal, Rewari. In such circumstances, the impugned order Claims Tribunal, Rewari. In such circumstances, the impugned order Claims Tribunal, Rewari. In such circumstances, the impugned order d by dated 03.08.2023 is hereby set aside and the claim petition filed by dated 03.08.2023 is hereby set aside dated 03.08.2023 is hereby set aside the dependents/ petitioners is ordered to be restored to its original the dependents/ petitioners is ordered to be restored to its original the dependents/ petitioners is ordered to be restored to its original the dependents/ petitioners is ordered to be restored to its original and the same be decided on before learned MACT, Rewari, and the same be decided on before learned MACT, Rewari, number before learned MACT, Rewari, merits within 02 months w.e.f. 20.08.2025. merits within 02 months w.e.f. 20.08.2025. merits within 02 months w.e.f. 20.08.2025. 7. Disposed of in the above terms. Disposed of in the above terms. SANJAY GUPTA 2025.08.19 10:40 I attest to the accuracy and integrity of this document CR-5549- -2023 (O&M) [3] 8. y, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s
Decision
stand disposed of. stand disposed of 13.08.2025 13.08.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.08.19 10:40 I attest to the accuracy and integrity of this document