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december 2008

Supreme Court of India · 2008-12-16

MANTOO SARKAR vs ORIENTAL INSURANCE CO.LTD..

Citation / case number
SC 2007/60315
Court
Supreme Court of India
Petitioner
MANTOO SARKAR
Respondent
ORIENTAL INSURANCE CO.LTD..
Author
S.B. SINHA
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court interpreted 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 as the insurance company had a branch office there, despite the accident occurring in Uttar Pradesh. The High Court's ruling that the Tribunal lacked jurisdiction was overturned, allowing the claim to proceed based on the appellant's evidence of working in Nainital.

MANTOO SARKAR vs ORIENTAL INSURANCE CO.LTD.. · Niyam