Vinod Madhukar Dhale vs Naresh Pralhad Dhengale And ...
2021 Latest Caselaw 15273 Bom

                                                                  44-fa-1935-2013.odt




             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                          FIRST APPEAL NO. 1935 OF 2013

 Vinod Madhukar Dhale                                  ... Appellant
        Versus
 Naresh Pralhad Dhengale and another                   ... Respondents
                                    ....
 Mr. P. S. Agrawal, Advocate for appellant
 Mr. R. F. Totla, Advocate for respondent No.2
                                    ....

                                    CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021

PER COURT :-

. Heard.

2. The Tribunal dismissed the claim petition for want of territorial jurisdiction. The claimant had filed affidavit along with claim petition indicating his residence within the territorial limits of the Motor Accident Claims Tribunal, Parbhani. The Tribunal, therefore, ought to have relied on such affidavit and decided the claim petition on merits.

3. In view of the same, the judgment and order impugned in this appeal is hereby set aside, remanding the matter back to the Tribunal to decide the same on merits without adverting to the issue of territorial jurisdiction.

[ R. G. AVACHAT, J. ] SMS

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