MADRAS HIGH COURT
S. Maraiammal – Appellant
Versus
K. Meignanamoorthy – Respondent
O R D E R
The Civil Revision Petition has been filed to set aside the docket order passed by the Motor Accidents Claims Tribunal, Salem in unnumbered M.C.O.P on 09.11.2022 and to direct the Tribunal to take the case on file and proceed with the case.
2.The revision petitioners have filed M.C.O.P. before the Court at Salem.
The petition was presented under Section 166 of the Motor Vehicles Act seeking compensation on account of the death of one Mr.Selvarasu. The accident occurred on 10.05.2022 at 06.00 a.m. at Sankagiri to Salem National Highways. Magaudanchavadi Police Station registered the case in Crime No.145 of 2022.
3.The learned counsel for the revision petitioners mainly contended that the third respondent-Iffco Tokio Insurance Company Ltd. is the insurer and having office at Salem and therefore, the petitioners have chosen to file the claim before the Motor Accident Claims Tribunal at Salem. When the office of the Insurance Company is at Salem, there is no impediment for the revision petitioners to file the claim petition before the Court at Salem and thus, the returning of the case papers by the Salem Court is not in consonance with the principles settled by the Hon'ble Supre
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