LIFE INSURANCE CORPORATION OF INDIA Vs. SAROJ
LIFE INSURANCE CORPORATION OF INDIA
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Deepa Sharma, J. -
(1.) The present revision petition has been filed challenging the order dated 15.02.2017 in Appeal No. 527 of 2016 of the petitioner. Before the State Commission, the petitioner had challenged the order of the District Forum dated 21.04.2016 in complaint no. 150 of 2015, whereby complaint of the complainant was allowed and petitioner was directed to make the payment of the assured sum under the two policies alongwith interest @ 9% p.a. and also sum of Rs.5500/- towards litigation expenses.
(2.) It is argued by counsel for the petitioner that District Forum did not have territorial jurisdiction since no part of cause of action had arisen within the jurisdiction of the District Forum at Jhajjar. It is submitted that deceased had expired at Pulwama ( Jammu & Kashmir) while on duty.
(3.) I have given my thoughtful consideration to this argument. It is apparent that no contention relating to the territorial jurisdiction of the District Forum had been raised by the petitioner either in their reply to the complaint or in their appeal. It is a settled proposition of law that territorial jurisdiction is an issue both legal and factual. It is for the first time in the present revision petition that such a contention has been raised. Admittedly, deceased, the holder of two insurance policies was on duty at Pulwama and had died therein. Section 11 of the Act deals with the jurisdiction of the District Forum. Section 11 Sub-section 2 reads as under:
"11. Jurisdiction of the District Forum
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business or has a branch office or] personally works for gain.
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