Case Note & Summary
The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by the XIII Additional Small Causes Judge, Member, MACT, Bangalore in MVC No.4664/2011. The Tribunal had awarded compensation of Rs.4,22,900/- with interest at 6% p.a. to the claimants, who are the legal representatives of the deceased. The insurer's main contention was that the Tribunal lacked territorial jurisdiction as the accident occurred on 25.2.2011 at about 10.30 a.m. when the deceased was proceeding in a lorry bearing Registration No.AP-16-TU-... in Andhra Pradesh. The High Court, after hearing both sides, noted that the objection regarding jurisdiction was not raised at the earliest opportunity and was therefore deemed to have been waived. The court found no merit in the appeal and dismissed it, confirming the award of the Tribunal.
Headnote
A) Motor Vehicles Act - Jurisdiction - Territorial Jurisdiction - Section 166 of Motor Vehicles Act, 1988 - The insurer objected to the jurisdiction of the MACT at Bangalore on the ground that the accident occurred in Andhra Pradesh. The Tribunal overruled the objection and awarded compensation. The High Court held that the objection regarding territorial jurisdiction was not raised at the earliest opportunity and was therefore waived. The appeal was dismissed. (Paras 2-3)
Issue of Consideration
Whether the Motor Accidents Claims Tribunal had jurisdiction to entertain the claim petition when the accident occurred outside its territorial limits.
Final Decision
The High Court dismissed the appeal, confirming the award of the Tribunal.
Law Points
- Jurisdiction of Motor Accidents Claims Tribunal
- Objection to territorial jurisdiction
- Waiver of objection
- Section 166 of Motor Vehicles Act
- 1988
Case Details
2018 LawText (KAR) (07) 29
M.F.A.No.10357 OF 2012 (MV)
Sri O.Mahesh (for appellant), Sri N.Gopalakrishna (for respondents 1 & 2)
The Manager, Royal Sundaram Alliance Insurance Company Limited
A.Rajendra, R.Geetha, M/s.Mafoi Management Consultants Pvt. Ltd.
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Nature of Litigation
Appeal against judgment and award of Motor Accidents Claims Tribunal awarding compensation for death in road accident.
Remedy Sought
The appellant-insurer sought to set aside the award on the ground of lack of territorial jurisdiction.
Filing Reason
The insurer challenged the Tribunal's jurisdiction to entertain the claim petition as the accident occurred in Andhra Pradesh.
Previous Decisions
The Tribunal overruled the insurer's objection regarding jurisdiction and awarded compensation of Rs.4,22,900/- with interest at 6% p.a.
Issues
Whether the MACT had territorial jurisdiction to entertain the claim petition when the accident occurred outside its limits.
Submissions/Arguments
The appellant-insurer argued that the Tribunal lacked territorial jurisdiction as the accident occurred in Andhra Pradesh.
The respondents-claimants contended that the objection was not raised at the earliest opportunity and was therefore waived.
Ratio Decidendi
An objection regarding territorial jurisdiction must be raised at the earliest opportunity; otherwise, it is deemed to be waived. The Tribunal's award was upheld.
Judgment Excerpts
Though the matter is listed for admission, with the consent of both the parties, it is taken up for final disposal.
This appeal is preferred by the appellant-insurer challenging the judgment and award dated 10.08.2012 passed in MVC No.4664/2011 wherein the Tribunal overruling the objection raised by the insurer as regards the jurisdiction to entertain the claim petition had allowed the claim petition and awarded compensation to the claimants/petitioners amounting to `4,22,900/-.
Procedural History
The claim petition was filed before the XIII Additional Small Causes Judge, Member, MACT, Bangalore. The Tribunal passed judgment and award on 10.08.2012. The insurer filed this appeal under Section 173(1) of the M.V. Act before the High Court of Karnataka.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173(1), Section 166
