Whether accident claim petition can be filed in the place where claimant is residing ?
The provision in question, in the present case, 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. Moreover, in view of categorical decision of this
Court in Mantoo Sarkar (supra), contrary view taken by
the High Court cannot be sustained. The High Court failed
to notice the provision of Section 21 CPC.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10 OF 2016
(ARISING OUT OF SLP (CIVIL) NO.27243 OF 2015)
MALATI SARDAR …PETITIONER
VERSUS
NATIONAL INSURANCE COMPANY LIMITED
& ORS. ...RESPONDENTS
Dated;JANUARY 5, 2016
ADARSH KUMAR GOEL, J.
Citation; AIR 2016 SC247
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. Moreover, in view of categorical decision of this
Court in Mantoo Sarkar (supra), contrary view taken by
the High Court cannot be sustained. The High Court failed
to notice the provision of Section 21 CPC.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10 OF 2016
(ARISING OUT OF SLP (CIVIL) NO.27243 OF 2015)
MALATI SARDAR …PETITIONER
VERSUS
NATIONAL INSURANCE COMPANY LIMITED
& ORS. ...RESPONDENTS
Dated;JANUARY 5, 2016
ADARSH KUMAR GOEL, J.
Citation; AIR 2016 SC247
https://www.lawweb.in/2016/02/whether-accident-claim-petition-can-be.html
