Supreme Court of India · 2016-01-05
Malati Sardar vs National Insurance Company Ltd
- Citation / case number
- AIR 2016 SUPREME COURT 247
- Court
- Supreme Court of India
- Petitioner
- Malati Sardar
- Respondent
- National Insurance Company Ltd
- Author
- Adarsh Kumar Goel
- Bench
- Anil R. Dave, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the Motor Accidents Claims Tribunal's award on the grounds of lack of territorial jurisdiction under Section 166 of the Motor Vehicles Act, 1988. The Court established that jurisdiction can be invoked if the defendant resides within the Tribunal's jurisdiction, including the principal office of a juristic person. The Court reinstated the Tribunal's award of Rs. 16,12,200/- in favor of the appellant, emphasizing the need to consider the residence of the insurance company as part of the jurisdictional analysis.