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december 2008

Supreme Court of India · 2008-12-16

Mantoo Sarkar vs Oriental Insurance Co.Ltd.& Ors

Citation / case number
AIR 2009 SUPREME COURT 1022
Court
Supreme Court of India
Petitioner
Mantoo Sarkar
Respondent
Oriental Insurance Co.Ltd.& Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Cyriac Joseph

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 166(2) of the Motor Vehicles Act, 1988, regarding the territorial jurisdiction of the Motor Accident Claims Tribunal. The Court held that the Tribunal in Nainital had jurisdiction to entertain the claim due to the presence of a branch office of the insurance company there, despite the accident occurring in Uttar Pradesh. The High Court's ruling that the Tribunal lacked jurisdiction was overturned, affirming the Tribunal's award of Rs. 2,40,000 in favor of the claimant.

Mantoo Sarkar vs Oriental Insurance Co.Ltd.& Ors · Niyam