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Supreme Court Of India

(From : Calcutta)

Hon'ble Judge(s): Anil R. Dave, Adarsh Kumar Goel , JJ

Motor Vehicles Act (59 of 1988) , S.166, S.173— Award of Claims Tribunal - Setting aside of, on ground of lack of territorial jurisdiction - Respondent-insurance company had its business within jurisdiction of Claims Tribunal though accident took place and claimant was residing outside jurisdiction of Claims Tribunal - Award of Claims Tribunal in absence of any failure of justice - Cannot be set aside even if there was merit in plea of lack of territorial jurisdiction. Civil P.C. (5 of 1908) , S.21— In the present case, the respondent, insurance company had its business within territorial jurisdiction of Claims tribunal but the accident took place and claimant resided outside territorial jurisdiction of the Claims Tribunal. Held, the award of the Claims tribunal in absence of any failure of justice cannot be set aside even if there was merit in the plea of territorial jurisdiction. The provisions of S. 166 (2) 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 @page-SC248 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....