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Madras High CourtCRP(MD)/1025/2025dismissed

Prince v. Murugadhas

2025-04-02Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.1025 of 2025 and C.M.P(MD)No.5543 of 2025 Prince

...Petitioner/Petitioner/1st Respondent

Vs.

1.Murugadhas 2.Rajesh ...1st and 2nd Respondents/1st and 2nd Respondents/ Petitioners 3.United India Insurance Company Limited, Through its Branch Manager, Office at No.2/60/1, P.P.K.Building, Trivandrum Main Road, Marthandam.

4.United India Insurance Company Limited, Through its Divisional Manager, Office at No.1, Post Office Road, Palayamkottai.

...3rd and 4th Respondents/3rd and 4th Respondents/ 2nd and 3rd Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.4 of 2024 in M.C.O.P.No.766 of 2022, dated 02.12.2024, on the file of Motor Accident Claims Tribunal, III Additional District Court, Tirunelveli. 1/4

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Karthik for R3 & R4

ORDER

The first respondent in M.C.O.P.No.766 of 2022, on the file of the III Additional District Court, Tirunelveli, has filed the present revision petition challenging the dismissal of his application in I.A.No.4 of 2024. 2.The respondents 1 and 2 herein, have filed the above said claim petition before the Motor Accidents Claims Tribunal(District Judge), Tirunelveli. The revision petitioner herein has filed I.A.No.4 of 2024, contending that the accident has taken place within the jurisdiction of the Nagercoil Court and only with intention to cheat the applicant, the present claim petition has been filed before the III Additional District Court, Tirunelveli. The said application was dismissed by the Tribunal. Challenging the same, the present revision petition has been filed.

3.According to the learned Counsel appearing for the revision petitioner, the petitioner apprehends foul play in filing of the claim petition before the District Court, Tirunelveli. The District Court, Tirunelveli, does not have any jurisdiction to entertain the claim petition for an accident that has taken place in 2/4

the Kanyakumari District. Therefore, he has prayed that the District Court, Tirunelveli, should return the claim petition or may be transferred to Court in Nagercoil.

4.I have considered the submissions made on either side and perused the materials available on record.

5.A perusal of the claim petition reveals that the office of the fourth respondent Insurance Company is located at Palayamkottai. Therefore, the District Court, Tirunelveli, is having territorial jurisdiction to entertain the claim petition. In such circumstances, this Court does not find any reason to interfere in the order impugned in the revision petition. It is for the petitioner to follow the case regularly with his Counsel at Tirunelveli. Therefore, there are no merits in the revision petition.

6.Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 02.04.2025 Internet:Yes/No Index:Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To The learned III Additional District Judge, The Motor Accident Claims Tribunal, Tirunelveli.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD)(MD)No.1025 of 2025 02.04.2025 4/4