High CourtsSingle Bench(2018) 08 DEL CK 0182

Mithlesh & Anr vs Mukesh Kumar & Ors (The Oriental Insurance Co.Ltd)

Delhi High Court · Decided on 9 August 2018

HON’BLE JUDGES
SUNIL GAUR, J
RESULT
Diposed Off
CASE NUMBER
MAC.APP. 389 OF 2018 & CM 15368 OF 2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 203 words

SUNIL GAUR, J

1.

Impugned order of 28th November, 2017 dismisses appellants’ claim petition on the ground of lack of territorial jurisdiction

while refusing to rely upon copy of Aadhaar card, which was duly verified by the concerned SHO. On the last date of hearing, records were

requisitioned.

2.

Learned counsel for appellants submits that Aadhaar Card is a valid proof of identity as well as of residence and the Tribunal has erred in not

relying upon it.

3.

Upon hearing and on perusal of impugned order of 28th November, 2017 and the record of this case, I find that first appellant’s Aadhaar Card

has been duly verified by the concerned SHO. The second appellant is a minor. There is no basis to discard the Aadhaar Card as proof of residence.

The Tribunal has erred in returning appellants’ claim petition on the ground of lack of territorial jurisdiction.

4.

In view of aforesaid, impugned order is hereby set aside with direction to the Tribunal to proceed with appellants’ claim

petition in accordance with the law. Records be remitted back forthwith. Parties to appear before the concerned Tribunal on 10th September, 2018.

5.

With aforesaid directions, this appeal and the application are disposed of.