VidhiSangh

Supreme Court of India · 08/02/2024

BALVEER BATRA versus THE NEW INDIA ASSURANCE COMPANY & ANR.

[2024] 2 S.C.R. 1204 · 2024 INSC 361

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A motor-accident claim should not be disposed of by deciding against the claimant on all merits issues after the Tribunal declines territorial jurisdiction without examining those issues. The Tribunal had received evidence and the jurisdiction question was mixed fact and law. The Court restored the claim for a decision on compensation.

Issues

  1. Whether the Claims Tribunal and High Court could reject the claim for want of territorial jurisdiction after deciding the remaining issues against the claimant without examining them on their merits.
  2. Whether the claim should be remanded for determination of compensation.

Provisions considered

Held

Result

The appeal was disposed of by setting aside the High Court judgment and Tribunal award, restoring the claim petition, and directing the Tribunal to decide it within six months.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 1204.