Manikandan C. P. S/o. Rajendran C. P. v. United India Insurance Co Ltd, Rep. by Its Branch Manager
2019-12-09
A.MUHAMED MUSTAQUE
body2019
DigiLaw.ai
JUDGMENT : 1. This original petition was filed as the Motor Accident Claims Tribunal, Palakkad refused to number the claim petition. This Court called for the report. The report is on board. It is stated that without finding territorial jurisdiction, the claim petition cannot be entrained and a large number of cases have been filed without proving that the Tribunal is having territorial jurisdiction. The Tribunal is forgetting the fact that under the Section 166(2) of the Motor Vehicles Act, the claimant has an option to choose the forum which is more convenient for him either referable to place of occurrence of accident or his residence or carries on business. If the petitioner has shown any residential address, that would be sufficient to entertain such claim. 2. In the light of fact that the petitioner has shown his address in Palakkad, it is appropriate that the Tribunal entertain the claim petition and number the same in accordance with law. 3. The original petition is disposed of as above.