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