FAO/1783/2024 of SONVEER SINGH ALIAS SONU Vs KHEM CHAND AND OTHERS on 10 September 2026

IN T

SONVEER SIN Vs KHEM CHAND CORAM: HON

Present: Mr

for

Mr

Mr

HARKESH MA CM-6780-CII-2

Thi the appeal.

Not has been filed on

For affidavit, suffici the application condoned. MAIN CASE:

By passed by the le Tribunal') where 24 (O&M)

THE HIGH COURT OF PUNJ AT CHANDIGA FAO No. Date of D

NGH @ SONU

D AND OTHERS

N'BLE MR. JUSTICE HARKES . Ashish Gupta, Advocate the appellant. . Hardeep Singh Dhillon, Advoc . Punit Jain, Advocate for respon **** ANUJA, J.

is is an application for condona tice of the application was issued n behalf of the respondents. r the reasons mentioned in the ap ient cause has been made out to is allowed. Delay of 309 day way of present appeal, challeng earned Motor Accident Claims T eby the claim petition preferred JAB AND HARYANA ARH 1783 of 2024 (O&M) Decision: 10.09.2026

......Appellant(s)

....Respondent(s) SH MANUJA cate for respondent Nos.1 and 2. ndent No.3. ation of delay of 309 days in fil d on 04.08.2026, however, no re pplication, which is supported by o condone the delay. Consequen ys in filing the present appeal ge has been laid to the 07.02.20 Tribunal, Gurugram, (for short d at the instance of appellants w ling eply y an ntly, l is

'the was MOHMED ATIK

ordered to be r ground of lack o

2. Bri Vehicles Act, 19 before the learn injuries suffered a Car bearing respondent No.1 2.1

The No.3-Insurance Gurugram lack therefore, the sa competent jurisd

3. I h paper-book.

4. A p for compensatio i)

ii)

iii)

iv)

5. In Company throu circumstances, a 24 (O&M)

returned for presentation befor of territorial jurisdiction. iefly stating, claim petition u 988, for short 'the Act', came to ned Motor Accident Claims T d by him in a motor vehicular ac Registration No. UP-85-X-4 1 in rash and negligent manner. e claim petition was contested Company raised preliminary ob ked territorial jurisdiction to e ame deserved to be returned for diction. have heard learned counsel for perusal of Section 166 (2) of th on arising out of the accident can Before the Claims Tribunal h which the accident occurred; Before the Claims Tribunal jurisdiction the claimant resid Before the Claims Tribunal, t

Within the local limits of resides. the present case, as per rec ugh its Branch is carrying out as one of the respondents is carr re the competent Tribunal on under Section 166 of the Mo be filed at the instance of appell Tribunal, Gurugram on account ccident dated 10.05.2019 involv 4232 allegedly being driven d by the respondents. Respond bjection that the learned Tribuna entertain the claim petition a presentation before the Tribuna the parties and gone through e Act stipulates that an applicat n be filed either: having jurisdiction over the area

l within the local limits of wh des; the claimant carries on business; whose jurisdiction the defend cords, respondent No.3 Insura t business at Gurugram. In su rying out its business at Gurugra the otor lant t of ving by dent al at and, l of the tion a in hose ; or dant nce uch am, MOHMED ATIK

the learned Mo possessed the t petition. Suppor vs. National Ins that Section 166 for victims of Supreme Court claim petition Insurance Comp have been cause contained in par pro terr faci in s peti mai is n view con Cou

In v sustained and i remitted to th adjudication of t

24 (O&M)

otor Accident Claims Tribunal erritorial jurisdiction to enterta rt in this regard can be drawn fr surance Co. Ltd. reported as (20 6(2) is a beneficial provision int motor accidents and must rec further held that there would b before the Tribunal within pany carries on business, particul ed on account of such choice of ra 14 thereof is reproduced as un "The provision in question, i vision for the victims of accidents o ritorial jurisdiction has to be inte ilitating remedies for the victims of such matters can hardly be appr ition being filed at a place where in contesting parties in such cases, no prejudice to any party. There w of categorical decision of thi ntrary view taken by the High C urt failed to notice the provision of view of the above, the impugned is accordingly set aside. The he learned Motor Accident the claim petition on merits, in a l at Gurugram, therefore, clea ain and adjudicate upon the cla om the judgment of Malati Sar

016) 3 SCC 43, wherein it was h tended to facilitate access to just ceive a liberal interpretation. T be no impediment in maintainin whose territorial jurisdiction larly when no prejudice is shown f forum. The relevant observati der:- in the present case, is a benevo of negligent driving. The provision erpreted consistent with the objec f accidents. Hyper technical appro reciated. There is no bar to a cla the Insurance company, which is , has its business. In such cases, th is no failure of justice. Moreover is Court in Mantos Sarkar (sup Court cannot be sustained. The H f Section 21 CPC.” d order dated 07.02.2023 cannot appeal is allowed. The matter Claims Tribunal. Gurugram accordance with law.

arly aim rdar held tice The ng a the n to ons lent n for t of ach aim the here r, in ra). High t be r is for MOHMED ATIK

7. Par on 25.09.2026.

8. Con learned Tribuna same finally wit

9. Pen of.

September 10, 2 Atik Whe Whe 24 (O&M)

rties are directed to appear befor nsidering the fact that the acc al is requested to expedite the pr thin 03 months from the date of a nding miscellaneous application(

ether speaking/reasoned Yes/No ether reportable

Yes/No e the learned Tribunal at Gurugr cident took place 10.05.2019, roceedings and adjudicate upon appearance of the parties.

(s) , if any, shall also stand dispo (HARKESH MANUJA)

JUDGE

ram the the sed MOHMED ATIK