CLAIM PETITION CAN BE FILED WHERE INSURANCE FIRM IS RUNNING BUSINESS.
Whether the court have jurisdiction or not to entertain the petition, is the main aspect of a case. Recently Accident Claims tribunal settle the rule of law that claim petition can be filed within the jurisdiction of a court where the insurance firm of the vehicle that causes the accident is running its business.
Also Read- Motor Accident Claim Calculation
Let’s see the facts of the case:-
Kin of Sanjay Rana filed the claim petition in June on account of death of Sanjay Rena (42yrs old). Deceased had been working as supervisor with SS Food Industries, Ludhiana.
On June 11, 2019 Sanjay Rana and his colleagues was coming from Nerwa to Sainj and Rasal Singh were driving the vehicle. As per claim petition driver was speeding the vehicle and when they reached near Pujeli village on bypass road at about 9:30 pm driver lost the control over the car and car fell into a ditch and all persons sustained serious injuries.
Also Read- ACQUITTAL IN ACCIDENT CASES 279 337 304 A IPC
Because of grievous injuries on head and other body parts Sanjay Rana died on spot and his body was taken to civil hospital and postmortem was done at Theog and case was registered against Rasal Singh U/S 279,337 and 304 of I.P.C at theog police station.
The owner of car Atush Sharma and driver Rasal Singh said mechanical fault in the car led to accident and there was no negligence on the part of driver, this petition was filed only to grab money.
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The tribunal respond saying to this that “ this fact could been proved only by Rasal Singh but he never stepped into witness box to claim that accident was not led due to his rash driving.
The insurance company while arguing sought dismissal of the claim that respondents are resident of Kangra district (HP) and in respect of vehicle no insurance policy was issued at mohali and accident had also occurred within jurisdiction of Theog police station, district shimla (HP) but claim petition was filed without jurisdiction at Mohali.
The tribunal dismisses the argument and reiterated that “insurance company has its branch office in Mohali and running its business here. The claim petition can be filed within jurisdiction of a court where the insurance company of offending vehicle is running its business”.
The tribunal also directed the National Insurance Company Limited having its office in phase 5, Mohali and to owner of car Atush Sharma and also to driver Rasal Singh to jointly or severally pay compensation of Rs. 9.60 lakh along with 9% interest to kin of Sanjay Rana.
Also Read- Proof of Negligence in MACT Claim
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