Territorial jurisdiction in motor accident claims

The Supreme Court has upholding its previous decision in Mantoo Sarkar v Oriental insurance company limited (2009) recently observed in Malati Sardar v National insurance company limited that in the absence of prejudice, the objection on the territorial jurisdiction of motor accident claims tribunal shall not be entertained. The court observed that since the insurance company is a party of the case, the claim can be filed where it has its office. In the present case, the accident victim was neither a resident of Kolkata nor the accident happened there but the insurance company had its office there. Section 166(2) of the Motor Vehicles Act states that an application can be made at the option of the claimant in the tribunal either having jurisdiction in the area where the accident took place or jurisdiction of the place where the parties are resident or carry business. Claim petition may be filed where the insurance company has its office. In the absence of prejudice to the parties, there is no failure of Justice.