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2016 (8) TMI 917 - SC - Indian LawsEntitlement to award of the Motor Accidents Claims Tribunal, Kolkata - whether the High Court was justified in setting aside the award only on the ground that the Tribunal did not have the territorial jurisdiction? - Held that:- The provision in question, in the present case, is a benevolent provision for the victims of accidents of negligent driving. The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business. In such cases, there is no prejudice to any party. There is no failure of justice. Moreover, in view of categorical decision of this Court in Mantoo Sarkar (2008 (12) TMI 719 - SUPREME COURT OF INDIA ), contrary view taken by the High Court cannot be sustained. The High Court failed to notice the provision of Section 21 CPC. Accordingly, we allow this appeal, set aside the impugned judgment of the High Court and restore the award of the Tribunal.
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