M.K. Chaudhuri, J.@mdashThe point raised in this appeal is with regard to the territorial jurisdiction of the learned Tribunal to entertain the Claim
Petition. The learned Trial Court dismissed the claim case on the ground of lack of territorial jurisdiction as the Claimant used to reside in the
District of Hooghly.
2. We have heard the submissions made on behalf of the Appellant/ Claimant and the Insurance Company and have considered the same. The
learned Advocate for the Insurance Company invited our attention to the provision of Sub-section (2) of Section 166 of the Motor Vehicles Act,
1988 and submits that the learned Trial Court has rightly dismissed the claim case of the Appellant. We have carefully gone through the said
provision. But the fact remains that the office of the Insurance Company is situated in Kolkata, which is within the jurisdiction of the City Civil
Court, Calcutta.
3. Since, the Insurance Company is to pay compensation in the event the Appellant/Claimant is able to prove his case, we are of the considered
view that the Insurance Company would not be at all prejudiced as the office of the Insurance Company is situated in Kolkata and there is no
dispute over this matter. If no prejudice is caused to the Insurance Company or to the Appellant, the learned Trial Court has sufficient jurisdiction
to entertain the Claim Application as held by the Hon''ble Supreme Court of India in the case of Mantoo Sarkar v. Oriental Insurance Co. Ltd. and
Ors. 2009 (1) T.A.C. 434 (S.C.).
4. Therefore, the judgment and order passed by the learned Trial Court is set aside. The case is remanded to the learned Trial Court to decide the
Claim Application on merit in accordance with law after giving opportunity to the parties to adduce evidence as expeditiously as possible.
5. Appeal accordingly, stands disposed off. There will be no order as to costs.
Let a copy of this judgment alongwith the Lower Court Record be sent down to the learned Trial Court forthwith.
Urgent xerox certified copy of this order, if applied for, be supplied on priority basis.
