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.