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DELHI HIGH COURT
NAJMI WAZIRI
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Anjali Bouter Singh – Respondent
JUDGMENT
Najmi Waziri, J.(Oral)--This petition impugns the order of the learned MACT dismissing the petitioner's objections, apropos the Tribunal's jurisdiction to entertain the claim petition, filed on behalf of the deceased as well as the injured persons, through their duly appointed attorney.
2. Referring to the dicta of the Supreme Court in Malati Sardar vs. National Insurance Company Ltd., Civil Appeal No. 10 of 2016 (arising out of SLP (Civil) No. 27243 of 2015), the learned Tribunal has held that a hyper-technical approach cannot be taken to obviate jurisdiction. It has also taken into consideration the fact that the office of the insurer was in Delhi. Furthermore, the claim petition can be filed through a duly authorised agent/attorney under section 166(1)(d) of the Motor Vehicles Act, 1988, Ms. Sadhana Upadhyay, a resident of Vasant Kunj, Delhi and the learned MACT has jurisdiction over the said area. Therefore, it was held that the claim was maintainable before the Tribunal. In Malati Sardar (supra), the Supreme Court has held as under:
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