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.