Motor Accident Compensation -- Territorial Jurisdiction of Tribunal -- Insurer’s office location does not confer jurisdiction
(i) Motor Vehicles Act, 1988, S.166(2) -- Motor Accident Compensation -- Territorial Jurisdiction of Tribunal -- Insurer’s Office Location -- Claimant cannot invoke territorial jurisdiction of a Tribunal merely because the insurer has a business office there -- Word “defendant” in this section does not include the insurer, since impleadment of insurer is optional and notice to it is independently obliged under Section 168(1). (ii) Motor Vehicles Act, 1988, S.166(2) -- Territorial Jurisdiction -- Claimant’s Options Under Section 166(2) -- Claimant has three choices: place of residence, place where accident occurred, or place of business, besides a fourth option of the place where the defendant resides -- Provision confines the defendant’s option to place of residence and specifically omits place of business, unlike Section 20 of the Civil Procedure Code, 1908. (iii) Civil Procedure Code, 1908, S.21(1) -- Territorial Jurisdiction -- Objection Raised at Threshold Before Tribunal -- Requirement of demonstrating failure of justice under this section applies only where objection to territorial jurisdiction is raised at appellate or post-award stage -- Where objection is raised before the Tribunal prior to adjudication on merits, requirements of Section 166(2) of the Motor Vehicles Act, 1988, must be independently satisfied, and this section is not attracted.
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