Priyadharshini, v. Ajithkumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN 1.Priyadharshini 2.Minor Rethina Kresh rep. by natural guardian mother Priyadharshini 3.Minor Anu Sri Rep. by natural guardian mother Priyadharshini

...Petitioner/Petitioner

Vs.

1.Ajithkumar 2.Reliance General Insurance Co. Ltd., Rep. by its Branch Manager, 2nd floor, 11 Cross Road, Thillainagar Main Road, Thillai Nagar, Karur.

3.Kamalavalli 4.Veeramalai

...Respondents/Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the docket order dated 03.02.2023, passed in Unnumbered M.C.O.P.No. Of 2022 (F.No.MCOP/109/2023) (CNR No.TNKR010003532023) on the file of the Motor Accident Claims Tribunal, Karur.

For Petitioner : Mr.V.Meenakshi Sundaram 1/4

ORDER

This Civil Revision Petition has been filed by the petitioner to set aside the docket order dated 03.02.2023, passed in Unnumbered M.C.O.P.No.

Of 2022 (F.No.MCOP/109/2023)(CNR No.TNKR010003532023) on the file of the Motor Accident Claims Tribunal, Karur.

2.The petitioner is aggrieved by the impugned return dated 03.02.2023. The operative portion of the impugned order reads as under:- "Returns:- 1.The residing address of 1st petitioner ie., mother and the minor petitioners are varies.

2.The name of the 2nd petitioner varies with FIR. 3.Whether the petition paragraph no.5 is maintainable under provisions of law has to be mentioned.

4.Xerox copies of the bank pass book of minor petitioners have to be enclosed. Hence returned. Time:-2 weeks." 3.The claim petition filed by the petitioner reads as follows:- "As a construction labour of the first petitioner is finding job only at Karur town. The first petitioner has no job at her residential place. Moreover the residential place of the petitioner is very and easy accessible to this Tribunal than 2/4

Kulithalai. If the petitioner wanted to reach Kulithalai Court the petitioner has to get 3 buses. But to reach this Tribunal the petitioner have straight bus to this Tribunal itself. Hence, the petitioner finds very convenient to file the case before this Tribunal than filing it before Kulithalai Tribunal. Hence, this Hon'ble Tribunal has jurisdiction to entertain the case." 4.Considering the above, liberty is granted to the petitioner to represent the return giving the papers in the light of express language of Section 166(2) of Motor Vehicles Act, 1988.

4.With the above liberty, this Civil Revision Petition is dismissed. 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.

3/4

C.SARAVANAN ,J.

Mrn 26.06.2023 4/4