Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2016

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.

Malati Sardar vs National Insurance Company Ltd · Niyam