Supreme Court · 2016 INSC 12 · Decided 5 January 2016
Malati Sardar v. National Insurance Company Limited & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 12 · [2016] 1 S.C.R. 601
- Case number
- CIVIL APPEAL No. 10/2016
- Decided
- 5 January 2016
- Bench
- ANIL R. DAVE, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 24; Motor Vehicles Act Section 166(2), 166
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 its territorial limits - High Court set aside award holding that Kolkata Tribunal could not exercise jurisdiction - Held: Hm•ing 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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)