NEW INDIA ASSURANCE OMPANY LIMITED Vs. KUTISWAR PRAMANIK

JUDGEMENT

(1.) This is a revisional application under Article 227 of the Constitution of India against order dated January 5,2006 passed by the learned Judge, Eleventh Bench, City Civil Court, Calcutta in Miscellaneous Judicial Case No. 30 of 2005.

(2.) The learned trial Judge held that the application for compensation filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act' in short) was maintainable before the City Civil Court, Calcutta, as the regional office of the insurance company situated within the territorial jurisdiction of the said Court. The learned trial Judge relied upon an unreported decision of this Court in Civil Order No. 2199 of 2005. (Lakshman Chandra Pal v. Shyam Sunder Gupta & Ors.). One of us (Subhro Kamal Mukherjee, J.) delivered the said order dated September 27, 2005.

(3.) This revisional application came up for consideration before Tapan Kumar Dutta, J. and His Lordship expressed his doubt and differed with the view and/or opinion expressed in the aforesaid unreported decision.