P. GOPAL Vs. M. KARTHIK

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the Order and Decretal Order in M.C.O.P. No.356 of 2017, dtd. 25/7/2019 on the file of the Motor Accident Claims Tribunal (Special Sub-Court, Erode district, Erode) wherein it has been held that the Tribunal is having the jurisdiction to try the MCOP.

(2.) The learned Counsel appearing for the Petitioner submitted that the accident took place in Coimbatore and FIR was also registered in Coimbatore and the Complainant address is also at Coimbatore, whereas the MCOP has been filed in Erode and the same is not maintainable and the Motor Accident Claims Tribunal, Special Sub-Court, Erode district, Erode does not have jurisdiction to try the case. The learned Counsel drew the attention of this Court to Sec. 166(2) of Motor Vehicles Act, 1988 which reads as follows: "Sec. 166(2) Every Application under sub-sec. (1) shall be made, at the option of the Claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the Claimant resides, or carries on business or within the local limits of whose jurisdiction the Defendant resides and shall be in such form and contain such particulars as may be prescribed."

(3.) The learned Counsel appearing for the Petitioner also drew the attention of this Court to the Order passed by Motor Accident Claims Tribunal, Erode and the relevant portion is extracted hereunder: