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ANIL KUMAR UPMAN
Magma General Insurance Company Limited – Appellant
Versus
Vinod Kumar S/o Ruparam – Respondent
ORDER :
1. The petitioner Magma General Insurance Company Ltd. (hereinafter referred to as ‘the Insurance Company’ for brevity) has filed these three writ petitions under Article 227 of the Constitution of India challenging the common order dated 21.04.2023 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur in Motor Accident Claim Case Nos. 460/2022, 461/2022 and 462/2022 whereby the learned Tribunal has rejected three separate applications under Order 7 Rule 11 CPC filed in each claim case on behalf of petitioner Insurance Company for dismissing the claim petitions on the ground of lack of territorial jurisdiction of the learned tribunal to try the claim cases.
2. Since in all these three writ petitions, a common order dated 21.04.2023 is impugned, the same are being decided by this common order.
3. Brief facts of the case are that on 05.02.2020, three ladies namely Manju Devi, Parmeshwari @ Mesri and Draupadi were going to their agricultural fields from their respective homes and when they reached Neherrohi Dhani, Pallu, District Hanumangarh, a tractor No. RJ 49 RA 1559 which was being driven rashly and negligently by its driver, hit them and as a resul
The court established that claim petitions under the Motor Vehicles Act can be filed in jurisdictions where the insurer has a business presence, promoting access to justice for claimants.
The interpretation of territorial jurisdiction under the Motor Vehicles Act should consider the presence of the insurer's office within the jurisdiction, and the Act should be interpreted in a manner....
The central legal point established in the judgment is that the provisions of Section 166(2) of the Motor Vehicles Act should be interpreted in a manner consistent with facilitating remedies for the ....
The jurisdiction of the Tribunal to deal with the claim petition and the sustainability of the impugned award.
The jurisdiction of the Claims Tribunal extends beyond technical territorial limits, provided that no failure of justice occurs, allowing compensation claims even if they arise outside traditional ju....
The central legal point established is that the jurisdiction of the Tribunal to hear a claim petition under the Motor Vehicles Act, 1988 is determined by the residence of the claimant and the locatio....
A mistake by a lawyer cannot work to the detriment of the client, and the provision for territorial jurisdiction should be interpreted consistent with facilitating remedies for the victims of acciden....
Jurisdiction for filing claims against insurance companies can be at the place where the insurer conducts business, despite the accident's location, and mistakes by legal counsel do not prejudice cli....
A litigant should not suffer for their lawyer's mistake, and claims can be filed in jurisdictions where the insurance company operates, facilitating access to justice for victims.
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