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2015 Supreme(Del) 1412

V.K.SHALI
Jagdish – Appellant
Versus
Narender – Respondent


Advocates:
Advocate Appeared:
Mr. S.N. Parashar, Advocate.
Ms. Shantha Devi Raman, Adv.

Judgment

V.K. Shali, J.

1. This is an appeal filed by the appellant against the order dated 16.9.2014 passed by the learned MACT holding that it does not have the territorial jurisdiction to entertain the claim petition of the appellant.

2. Briefly stated the facts of the case are that the appellant admittedly is the resident of House No.61, A-Block, Sector 7, Ballabhgarh, Faridabad, Haryana. A road accident had taken place on 30.1.2014 at about 9:15 a.m. near New Press Colony, Faridabad, Haryana for which an FIR No.39/2014 under Sections 279/337/338 IPC was registered by police station Faridabad Kotwali, Haryana. The appellant filed a claim petition in Delhi giving his address in the memo of parties as that of Haryana. The address of the owner of the vehicle was also at Haryana; however, so far as the insurance company is concerned, its address was shown as IFFCO Sadan, C-1, District Centre, Saket, New Delhi. The learned MACT dismissed the petition with liberty to the appellant to file a fresh petition in a court with proper territorial jurisdiction on the ground that neither the appellant nor the accident or the insurance company conferred jurisdiction at Delhi. For this purpose, th













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