IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 1394 of 2009(G) ------------------------------- OPMV.1953/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/ PETITIONER : ----------------------------------- AVARACHAN S/O. PATHROSE, AGED 47 YEARS, CHENNAMKULATH HOUSE, RIPPAN POST, MEPPADI, WAYANAD ( BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S)/ RESPONDENTS: ------------------------------------------ 1. AHAMMEDKUTTY @ BABU, S/O. AYIDRUMANKUTTI AGED 58 YEARS, ILLATHODY HOUSE, PUZHAMUDY POST, KALPETTA, WAYANAD. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, RAWTHAR BUILDING, NEAR PAINANGODE ROAD JUNCTION MAIN ROAD, KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1394 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2010. J U D G M E N T This is yet another appeal from the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1953/04. The Tribunal dismissed the application primarily feeling that the petition should have been filed at Kalpetta and not in Kozhikode. As per the amended provisions of the M.V.Act power is given to file the claim petitions within the jurisdiction of the Court where the accident had taken place or where the claimant resides, or where the defendant resides. In this case the permanent address of the claimant is shown as at Wayanad but it is incorporated in the bracket that he is temporarily residing at Kozhikode. If there was any doubt for the Tribunal regarding the correctness of the same the Tribunal could have called him to give materials to show his temporary residence at Kozhikode. Therefore the said approach was not proper especially in the back ground that the other side having not disputed the averment in the M.A.C.A. 1394 OF 2009 -:2:- petition. So I feel the question of jurisdiction need not be further gone into and the Tribunal can decide the matter. 2. So far as the merits of the case is concerned materials are lacking and it is submitted that the Court was not inclined to entertain the same for the reason that the Court felt that the case has been filed to suit the convenience of the lawyer at Kozhikode. I do not want to say anything on that but it is desirable that an opportunity is given to contest the case on merits. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then the Tribunal to dispose of the matter in accordance with law. The claimant shall take out notice to the other side afresh after it enters appearance before the Tribunal. Parties are directed to appear before Tribunal on 23.4.2010. M.N. KRISHNAN, JUDGE. ul/-