Madras High CourtCRP(MD)/1492/2023disposed of

Elaiyaraja, v. N.S. Gani Maligai General Merchant,

2023-06-26Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN Elaiyaraja

...Petitioner/Petitioner

Vs.

1.N.S.Gani Maligai General Merchant, No.340-A, Kovilpatti Road, Periyapatti Manapparai Taluk, Trichy District 621306.

2.Tata AIG General Insurance Co. Ltd., Rep. by its Branch Manager, 2nd Floor, Samson Towers, 403L, Pantheon Road, Egmore, Chennai 600008.

... Respondents/Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the docket order dated 14.01.2023, passed in Unnumbered M.C.O.P.No. Of 2022 (F.No.MCOP/8/2023) (CNR No.TNKR010000202023) on the file of the Motor Accident Claims Tribunal, Karur.

For Petitioner : Mr.V.Meenakshi Sundaram

ORDER

This Civil Revision Petition has been filed by the petitioner to set 1/4

aside the docket order dated 14.01.2023, passed in Unnumbered M.C.O.P.No.

Of 2022 (F.No.MCOP/8/2023)(CNR No.TNKR010000202023) on the file of the Motor Accident Claims Tribunal, Karur.

2.The petitioner aggrieved by the impugned return dated 14.01.2023. After signing on 19.01.2023, there is a reference to 14.01.2023.

3.Prima facie it appears that the accident took place within the jurisdiction of Karur district. Therefore, the Motor Accident Claims Tribunal, Karur will have the jurisdiction to entertain the same. That apart FIR has been registered by the Thanthonimalai Police Station in Crime No.360 of 2022 under Sections 279 and 337 of IPC, which also falls within the jurisdiction of the Karur district. This aspect has not been considered by the Court. The petitioner ought to have re-presented the return dated 19.01.2022.

4.Therefore, the civil revision petition is disposed of with liberty to the petitioner to re-present the papers with proper explanation as to 2/4

how the Court has the jurisdiction to entertain the claim petition of the petitioner. No Costs. The Registry is directed to return back the original petition papers.

26.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Mrn To 1.The Principal District Judge, Motor Accident Claims Tribunal, Karur.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

Mrn 26.06.2023 4/4