Chandigarh, The Punjab and Haryana High Court, while hearing a case of claim in a motor accident, has clarified that the place where the affected party resides can file a case for a claim before the Motor Accident Claim Tribunal (MACT). Even if the accident happened in another state.
High court’s verdict on motor accident claim (MACT)
The order was issued by High Court Justice Alka Sarin while hearing a petition by Bina Garg and Prem Sagar Garg, residents of Chandigarh. As per the case, the couple’s son Pranav Vishal Garg died on 14 September 2004 in Dadri, Uttar Pradesh after his motorcycle was hit by a truck. After some time both of them started living in Chadigarh and they had filed a case before the Chandigarh Motor Accident Claim Tribunal and demanded the claim. The insurance company and other defendants opposed the filing of the petition in Chandigarh.
Also Read: 70% Of People Want PM Modi To Have Another Term: BS Yediyurappa
Claim was presented in Chandigarh MACT on accident in Uttar Pradesh
On October 29, 2018, the Motor Accident Claim Tribunal, Chandigarh, rejected the claim of his claim and submitted his claim before the Motor Accident Claim Tribunal in the area in which the accident occurred. The tribunal, while dismissing his plea, clearly stated that he did not have territorial authority to hear the petition as neither the accident occurred in Chandigarh nor the claimants were residing in Chandigarh at that time.
Chandigarh MACT had rejected the claim citing jurisdiction
The same order of Motor Accident Claim Tribunal Chandigarh was challenged in the High Court by the affected party. The High Court said that in such cases the Tribunal should not take a maximum-technical view. The High Court said that the Motor Vehicles Act is a philanthropic sponsorship, there is a provision for the victims to be lenient. There is no bar in filing a claim petition where the affected party resides.
In this case, the ration card of the petitioner remains in Chandigarh. In such a situation, his plea cannot be denied. The High Court ordered the Motor Accident Claim Tribunal Chandighay returning the case that the incident occurred 16 years ago, in which case it should be settled soon. The High Court ordered the Motor Accident Claims Tribunal Chandigarh to settle the case in six months.
