High CourtsDivision Bench(1988) 03 CAL CK 0016

National Insurance Company Ltd. vs Baijayanti Mukherjee and Others

Calcutta High Court · Decided on 28 March 1988 · Citation: (1988) 2 ACC 271

HON’BLE JUDGES
Sudhanshu Sekhar Ganguly, J · Manoj Kumar Mukherjee, J

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

3 paragraphs · 174 words

Manoj Kumar Mukherjee, J.—This revisional application is directed against order No. 52 dated 8-9-87 pasted by the Additional District Judge, 13th Court Alipore functioning as the Motor Accident Claims Tribunal (''Tribunal'' for short) of 24 Parganas in Motor Accident Claim Case No. 425 of 1978. By their order the learned Tribunal rejected the contention of the National Insurance Co. Ltd., the petitioner herein that in view of the notification dated 7-1-87 issued by the Government of West Bengal the Tribunal constituted for the city of Calcutta could only proceed With the case as the alleged accident took place within the city of Calcutta.

2.

Even if we assume for argument''s sake that the above contention of the petitioner is correct, we are not inclined to disturb the proceeding which is pending for the last 10 years. We therefore regularise the procedural if any by invoking and exercising our powers u/s 24(l)(b)(iii) of the Code of Civil Procedure. The application is thus disposed of.

3.

Let this order be communicated to the Court below forthwith.