AIR 2006 GAUHATI 143 ::2006 (6) ABR (NOC) 1002 (GAU) ::2006 AIHC NOC 372 ::(2007) 4 ACC 263 ::(2007) 4 ACJ 2169 ::(2007) 3 TAC 231 ::(2007) 3 Gau LR 745 ::(2006) 4 Gau LT 292

Gauhati High Court

Hon'ble Judge(s): Iqbal Ahmed Ansari, A. B. Pal , JJ

(A) Civil P.C. (5 of 1908) , S.19— Institution of suit - Territorial jurisdiction of Court - Motor accident - Claim for compensation - Accident had taken place at place 'C' - Insurer defendants carrying on their business at place 'A' - Suit may be instituted either in Court at place 'C' or in Court at place 'A' Motor Vehicles Act (59 of 1988) , S.168— (Para 7 8) (B) Motor Vehicles Act (59 of 1988) , S.165, S.175— Jurisdiction of Motor Accident Claims Tribunal (MACT) - Claim for compensation of damages caused to plaintiff's vehicle by use of his own @page-Gau144vehicle - Cannot be adjudicated upon by MACT - MACT can adjudicate upon only claims of third party - Plaintiff is entitled to institute a civil suit. (Para 10 12) (C) Insurance Act (4 of 1938) , Preamble— Motor insurance - Damages - Compensation - Liability of insurer - Damages caused to plaintiff's vehicle by use of his own vehicle - Said vehicle was insured for Rs. 5,60,000/- - In absence of any evidence adduced to contrary by insurer, plaintiff entitled to receive said assured amount of Rs. 5,60,000/- - However, under covenant of insurance, no liabil....