Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
Judgement Subject Index/Important Decision/Topic


Malati Sardar Vs. National Insurance Company Ltd & Ors.

Head Note

Motor Vehicles Act,1988  - Section 166 (2) , The Code of Civil Procedure, 1908  - Section 21

MACT - Territorial Jurisdiction - Provision of Section 166 of the Act is a benevolent provision for the victims of accidents of negligent driving - The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents - Hyper technical approach in such matters can hardly be appreciated - There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business - In such cases, there is no prejudice to any party - There is no failure of justice - High Court failed to notice the provision of Section 21 CPC.

Topic(s)-MACT - Territorial Jurisdiction - Law clarified

Full Judgement Body

@2016 Indian Law
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