Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 Section 24 CPC Motor Vehicles Act Section 166 (2) lack of territorial jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) Armed Forces Tribunal Act, 2007 (55 of 2007) Motor Vehicles Act, 1988 (59 of 1988) Suits Valuation Act, 1887 (7 of 1887) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s.166(2) — Compensation — Territorial jurisdiction — Accident took place in Hoogly and claimant also resided in Hoogly — Office of respondent at Kolkata — Claim petition filed before Tribunal at Kolkata — Award passed by Tribunal on the ground that registered office of the insurance company was within its territorial limits — High Court set aside award holding that Kolkata Tribunal could not exercise jurisdiction — Held: Having regard to s.24 CPC, objection of lack of territorial jurisdiction could not be entertained in absence of any prejudice - The provision for compensation is a benevolent provision for the victims of accidents of negligent driving — Hyper technical approach in such matters should not be taken — There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business — In such cases, there is no prejudice to any party and no failure of justice — Moreover, in view of categorical decision of this Court in Mantoo Sarkar contrary view taken by the High Court is not sustained. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2016 INSC 12 |
Petitioner | Malati Sardar |
Respondent | National Insurance Company Limited & Ors. |
SCR | [2016] 1 S.C.R. 601 |
Judgement Date | 2016-01-05 |
Case Number | 10 |
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