SUGUNAN Vs. RIYAS

JUDGEMENT

(1.) THE petitioner is aggrieved with Ext. P4, wherein an unnumbered Original Petition, seeking compensation for injury arising out of a motor vehicle accident, was returned by the Motor Accident Claims Tribunal, Thrissur, for want of jurisdiction. The admitted facts are that the petitioner was involved in a motor accident on 10.05.2014 wherein he has suffered serious injuries including amputation of 4 lateral toes. The accident occurred at Maniyath Padi, within the jurisdiction of Mathilakam Police Station and an F.I.R. was registered. The petitioner resides in Kodungalloor. The 3rd respondent was the driver of the vehicle, whose registered owner is the 1st respondent and the 2nd respondent is the person in whose favour the insurance policy has been issued, all of whom reside in Kodungalloor.

(2.) THE insurance policy is issued by the 4th respondent, from its branch office at Vatanapally, which is within the jurisdiction of the Motor Accident Claims Tribunal, Thrissur. Admittedly, the petitioner and the respondents do not reside within the jurisdiction of the Motor Accident Claims Tribunal, Thrissur. The Tribunal returned the application, for want of jurisdiction, since the place of occurrence and residence of the claimant are not within the jurisdiction of the said Tribunal.

(3.) I have heard the learned counsel appearing for the insurance company as also the learned counsel appearing for respondents 2 and 3. The 1st respondent has not appeared despite service of notice. None appearing, raise any objection with respect to the jurisdiction.