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2021 Supreme(Del) 2287

PRATHIBA M. SINGH
Saddam Husain – Appellant
Versus
Ram Prasad – Respondent


Advocates appeared:
C.M. Patel, Advocate, Faiz Imam, Advocate, Pankaj Seth, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).

    CM APPL. 3497/2021 (for exemption)

    2. Allowed, subject to all just exceptions. Application is disposed of.

      CM (M) 81/2021

      3. The present petition has been filed challenging the impugned order dated 1st February 2020, passed by the Presiding Officer, Motor Accident Claims Tribunal, South District, Saket Courts (hereinafter, MACT ), vide which the application of the Petitioner, for restoration of the claim petition before the MACT has been dismissed.

      4. The brief background is that the mother of the Petitioner met with an accident while she was travelling by a bus in Uttar Pradesh. The Petitioner then filed the claim petition before the Presiding Officer, MACT on 19th March, 2016. The Respondents filed their written statements before the MACT in which they took the plea that the insurance company i.e. Respondent No.3 - United Indian Insurance Company Limited, is liable to pay the compensation.

      5. The insurance company objected to the jurisdiction of the MACT in Saket Courts, New Delhi. An application was filed raising the issue of maintainability, by the insurance company to whi

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