KHURSHEED AHMAD NATH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Learned Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") overruled the objection raised about its jurisdiction to try the claim petition under the provision of Motor Accidents Act of 1988 (for short "Act of 1988"). The jurisdiction of the learned Tribunal was challenged on the plea that police concerned has registered a case under Section 304, RPC.

(2.) The impugned order is challenged on the ground that when the case is registered under Section 304, RPC, then learned Tribunal does not get the jurisdiction to entertain the petition under the Act of 1988. Section 165 of Act of 1988 is reproduced as under :

(3.) Heard learned counsel for the parties. Considered the matter.