IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 MACA.No. 277 of 2010() ---------------------- OPMV.1217/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OPMV: ----------------------------------------------------------------- ABDURAHIMAN @ ABDUL RAHEEM, S/O.K.MOHAMMEDKUTTY (MINOR) AGED 15 YEARS, REP.BY FATHER K.MOHAMMEDKUTTY, CHACKUNGAL HOUSE, PUKAYOOR, P.O.OLAKKARA, MALAPPURAM DISTRICT NOW RESIDING AT KEEZHVANAPADAM, NALLALAM P.O., CALICUT. BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV): ----------------------------------------------------------------------------- 1. HARIS, S/O.MOHAMMEDKUTTY, KUNNATH KODAKKAT KARIPPAYIL HOUSE, A.R.NAGAR, PUKAYUR, MALAPPURAM DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, CKH BUILDING, THAZHEPALAM, TIRUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.277 OF 2010 ............................................. Dated this the 2nd day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1217/2004. A minor boy sustained injuries in a road accident and he filed an application before the Claims Tribunal, Kozhikode showing his present address as one coming within the jurisdiction of the Motor Accident Claims Tribunal, Kozhikode. The Tribunal felt that the temporary address is not proper and therefore dismissed the case. 2. I am afraid that the said procedure adopted is incorrect. If the court finds that legally it is not permissible to entertain the petition, the proper course would have been to return the petition for proper presentation before the appropriate court. It is not done. Similarly it cannot be said that a temporary residence will not enable a party to file a petition. These matters require reconsideration and the court has also to take always into consideration the object of the welfare legislation. : 2 : M.A.C.A.NO.277 OF 2010 3. Therefore I set aside the award and remit the case back to the Tribunal with a direction to consider the matter afresh and dispose it of in accordance with law. Since the other side have not appeared before this Court, I direct the claimant to take out notice to them after his appearance. Parties are directed to appear before the Tribunal on 3.8.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.277 OF 2010