Johnson v. M.Raheem
Case brief
What is this about?
Civil Miscellaneous Appeal allowing the appellant's challenge to the Motor Accident Claims Tribunal's dismissal of a compensation claim on technical grounds of territorial jurisdiction.
What did the court decide?
Impugned judgment and decree of the Tribunal set aside; matter remanded to the Judge to pass final orders within one month.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2018 (Reserved on 03.08.2018)
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.1072 of 2015
Johnson ... Appellant/Petitioner
vs.
1)M.Raheem P.Kabeer(died)
2)New India Assurance Co.Ltd., Represented by its Branch Manager, Sreehari Bldgs, IInd Floor, Near Bus Stand Jn, Main Road, Neyyattinkarai-695 121, Thiruvandram District, Kerala State.
3)Noorjahan 4)Nazer 5)Ibnu 6)Shaji ... Respondents/Respondents
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 14.11.2013 passed in MCOP.No.34 of 2007 on the file of the Motor Accident Claims Tribunal, (Subordinate Judge), Padmanabhapuram.
Issues for consideration
2 issues framed by the court
Whether the claim petition filed at the place of residence is maintainable despite lack of territorial jurisdiction raised late in evidence.
Whether dismissal of the claim petition on technical grounds of territorial jurisdiction at the verge of judgment is sustainable.
Parties & counsel
- appellant
Johnson
- respondent
New India Assurance Co.Ltd.
- respondent
M.Raheem P.Kabeer(deceased)
Coram
Case details
As recorded by the court registry
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