Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]
9 years, 2 months ago

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]

Live Law  

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, the Court said.The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited. The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that 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. Law Section 166 of the Motor Vehicles Act, reads ‘Every application under sub-section shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed’ In absence of prejudice, no objection of lack of territorial jurisdiction be entertained The Court said that, the view taken by High court is contradictory to the Apex Court ruling in Mantoo Sarkar case wherein it held that, with regard to Section 21 CPC, objection of lack of territorial jurisdiction could not be entertained in absence of any prejudice.

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History of this topic

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
6 months, 1 week ago

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC

Live Law  

The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer. A single judge bench of Justice Anil Kumar Upman referred to Section 166 of the Motor Vehicles Act which lays down that an application for compensation could be filed …

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year, 4 months ago

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

Live Law  

The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company to pay compensation to the claimant and subsequently recover the same from the owner of the offending …

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
2 years, 1 month ago

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner

Live Law  

The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own. The Supreme Court has …

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court
2 years, 6 months ago

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that it is open to insurance company to take a defence in a claim petition under MV Act that the driver of offending vehicle was not duly licenced, but it is required to prove such a plea. A bench of Justice Vinod Chatterji Koul observed, "Nevertheless, even after proving …

Motor Accident Claims : Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench
2 years, 6 months ago

Motor Accident Claims : Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench

Live Law  

Whether a pillion rider on a motorcycle is a third party? Is the insurance company liable to indemnify the insured on account of the injuries or death of such pillion rider in case of an "Act Only" Policy? The Supreme Court has referred these questions to a larger bench.The bench comprising Justices Hemant Gupta and Vikram Nath was considering a …

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
3 years ago

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court

Live Law  

The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road accidents, at different point in time, is no reason for the Insurance company to deny his claim.Single Judge Bench of Justice B.P. The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road …

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
3 years ago

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance …

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]
9 years, 2 months ago

Motor Accident Claims; SC cautions Courts against Hyper Technical approach in interpreting benevolent provisions for Accident Victims [Read Judgment]

Live Law  

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, the Court said.The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar …

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