LAWS(MAD)-2018-4-897

DHANALAKSHMI Vs. SIVANANDHAM

Decided On April 19, 2018
DHANALAKSHMI Appellant
V/S
Sivanandham Respondents

JUDGEMENT

(1.) When the lack of jurisdiction with reference to the subject matter makes the decree a nullity, while it is not so in a case of lack of territorial jurisdiction and pecuniary jurisdiction, whether the Tribunal is justified in adopting a hyper-technical approach in dismissing the claim petition on the technical ground of want of territorial jurisdiction, especially when the legislation is benevolent and the objective is rendering social justice.

(2.) Viewed so, the dismissal of the claim petition is more shocking than the accident itself, when the dismissal is based on an unwarranted approach.

(3.) Challenging the dismissal of the claim petition, this Appeal has been filed by the appellants / claimants.