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january 2016

Supreme Court of India · 2016-01-05

MALATI SARDAR vs NATIONAL INSURANCE COMPANY LTD.

Citation / case number
SC 2015/30005
Court
Supreme Court of India
Petitioner
MALATI SARDAR
Respondent
NATIONAL INSURANCE COMPANY LTD.
Author
ADARSH KUMAR GOEL
Bench
ADARSH KUMAR GOEL ANIL R. DAVE

Judgment text excerpt

The Supreme Court held that the Motor Accidents Claims Tribunal at Kolkata lacked territorial jurisdiction to entertain the claim under Section 166 of the Motor Vehicles Act, 1988, as the accident occurred in Hoogly and both the claimant and the owner of the vehicle resided there. The Court affirmed the High Court's decision to set aside the Tribunal's award, emphasizing that jurisdiction is determined by the location of the accident and the residence of the parties involved, not by the location of the insurance company's office. Consequently, the appeal was dismissed, and the Tribunal's award was overturned.

MALATI SARDAR vs NATIONAL INSURANCE COMPANY LTD. · Niyam