Supreme Court transfers Chennai motor accident claim to Chittoor

The case concerns a dispute over the territorial jurisdiction of the Motor Accidents Claims Tribunal at Chennai to hear a motor accident claim filed by the appellant, where the insurer argued that the accident occurred in Andhra Pradesh and the claimant resided in Chittoor, not Chennai.

Who it concerns: Petitioner: K Rashik; Respondents: National Insurance Company Ltd. and another; Bench: Justice Atul S. Chandurkar.

What the court decided

• The Court held that the objection to the territorial jurisdiction of the Tribunal at Chennai was well-founded.
• The Court upheld the High Court's order which set aside the Tribunal's order and transferred the proceedings to the Tribunal at Chittoor.
• The Court clarified that under Section 166(2) of the Motor Vehicles Act, 1988, jurisdiction for a defendant is based on where they 'reside', not where they 'carry on business'.
• The Court ruled that an insurer impleaded as a party-respondent is entitled to raise an objection to territorial jurisdiction.

Also in the document

• The Court noted that the claimant's address in the application was in Chittoor District, Andhra Pradesh, not Chennai.
• The Court distinguished the legal language used for claimants ('resides or carries on business') versus defendants ('resides') in Section 166(2).
• The judgment is marked as 'Reportable'.