Ramani v. S.Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :17.07.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI CRP No.2988 of 2025 1.Ramani 2.Naveenraja 3.Nandhini ... Petitioners vs 1.S.Sampath

2. The Managing Director of Tamil Nadu Transport Corporation (Kovai) Ltd., 37, Mettupalayam Road, Coimabtore District-641043 .. Respondents Revision filed under Article 227 of the Constitution of India praying for a direction to the Ld.Motor Accident Claims Tribunal, Sub Court, Pollachi to number the MCOP in ATN20220003369C202400051 instead of returning the petition on various dates namely 06.07.2024, 24.07.2024 and 21.08.2024 (antedating).

For Petitioners : Mr.N.Ponraj

ORDER

Heard the learned counsel for the petitioners.

2. It is stated that the petitioners have represented the Motor Accident 1/4

Claim Original Petition in MCOP No. ATN20220003369C202400051 on 14.03.2025 through on-line mode. However, there appears to be a return on 21.08.2024, which, according to the learned counsel for the petitioners, is antedated, after the compliance was made on 14.03.2025.

3. Be that as it may, after noting the nature of the returns and compliances made, it is clear that the Motor Accident Claims Tribunal has not followed the ratio laid down by this Court in Selvaraj and Others vs Koodankulam Nuclear Power Plant Indian Ltd in CRP (MD)Nos.915, 943, 967, 991 and 330 of 2020 dated 16.07.2021 reported in 2021 (4) CTC 539. The Tribunal should have posted the matter for maintainability, hear the learned counsel for the claimants and thereafter pass orders with regard to the maintainability of the petition on the ground of territorial jurisdiction.

4. In view of the above, the return dated 21.08.2024 is set aside and the Motor Accident Claims Tribunal/Sub Court, Pollachi shall hear the learned counsel for the claimants in open Court and thereafter pass orders on maintainability, within a period of two weeks from the date of receipt of a copy of this order.

2/4

5. With the above direction, the civil revision petition is allowed. No costs.

17.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To The Motor Accidents Claims Tribunal/ Sub Court, Pollachi 3/4

P.B.BALAJI.,J.

sr CRP No.2988 of 2025 17.07.2025 4/4