Suman And Ors vs Mr.Gupreet Singh And Anr
2023 Latest Caselaw 6134 Kant

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                                                   NC: 2023:KHC-K:6870-DB
                                                          MFA No. 201453 of 2019




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                             DATED THIS THE 30TH DAY OF AUGUST, 2023

                                              PRESENT

                            THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                                AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                           MISCL. FIRST APPEAL NO.201453 OF 2019 (MV-D)

                      BETWEEN:

                      1.   SUMAN W/O VASANTH SHINDE,
                           AGE: 49 YEARS, OCC: H.H. WORK,

                      2.   ARCHANA D/O VASANTH SHINDE
                           AGE: 33 YEARS, OCC: H.H. WORK,

                      3.   INDRAJIT S/O VASANTH SHINDE
                           AGE: 31 YEARS, OCC: AGRICULTURE,

                      4.   NITA D/O VASANTH SHINDE
Digitally signed by        AGE: 27 YEARS, OCC: STUDENT,
SWETA KULKARNI
Location: HIGH
                           ALL ARE R/O: RAJAJI NAGAR,
COURT OF
KARNATAKA
                           VIJAYAPUR-586 101.
                                                                   ...APPELLANTS

                      (BY SRI SANGANABASAVA B. PATIL, ADVOCATE)

                      AND:

                      1.   MR.GURPREET SINGH
                           S/O MOHHINDAR SINGH SAINI,
                           AGE: 44 YEARS, OCC: BUSINESS (OWNER OF
                           TANKER NO. MH-46/F-3920)
                           R/O: A/P: GODOWN NO.8,
                           TRUCK TERMINAL KALAMBOLI,
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                              NC: 2023:KHC-K:6870-DB
                                   MFA No. 201453 of 2019




     TQ. PANVEL, DIST: RAIGARH (RAIGAD)
     MAHARASHTRA STATE-410 218.

2.   THE BRANCH MANAGER
     RELIANCE GENERAL INSURANCE CO. LTD.,
     ASIAN PLAZA, TIMMAPURI CIRCLE,
     KALABURAGI (GULBARGA)-585 102.
                                         ...RESPONDENTS

(BY SRI KOUJALAGI C.L., ADV. FOR R1;
    SRI SUBHASH MALLAPUR, ADV. FOR R2)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND
SET-ASIDE THE JUDGMENT AND ORDER DATED 13.03.2019
PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XIII
AND    IV   ADDL.   DISTRICT  JUDGE    VIJAYAPUR  IN
M.V.C.NO.1434/2015 AND ALLOW THIS APPEAL AS CLAIMED
BY THE APPELLANT FOR RS.45,00,000/- IN THE CLAIM
PETITION BEFORE THE TRIBUNAL OR REMAND THE MATTER
FOR FRESH DISPOSAL IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.

     THIS APPEAL COMING ON FOR FURTHER ORDERS THIS
DAY, MOHAMMAD NAWAZ J., DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal is preferred by the claimants against the

impugned order dated 13.03.2019 passed by the MACT-

XIII and IV Additional District Judge, Vijayapur in MVC

No.1434/2015, whereby the petition filed under Section

166 of the Motor Vehicles, Act, 1988 was returned for

NC: 2023:KHC-K:6870-DB MFA No. 201453 of 2019

proper presentation before the Tribunal having appropriate

jurisdiction.

2. We have heard the learned counsel appearing

for the respective parties and perused the material on

record.

3. The claimants/appellants are the legal heirs of

the deceased by name Vasanth who died in a road traffic

accident, which occurred on 14.09.2015 at 9.00 a.m. on

National Highway connecting Pune-Solapur, near Bhima

Nagar Bridge in the State of Maharashtra.

4. The Tribunal observing that neither there is

proof of the petitioners being the resident of the address

mentioned nor the accident has occurred within the

jurisdiction of the Tribunal, nor the respondent carries on

business within the jurisdiction of the Tribunal, proceeded

to pass the impugned order.

5. The learned counsel for the appellants has

drawn the attention of the Court to the cross-examination

NC: 2023:KHC-K:6870-DB MFA No. 201453 of 2019

of RW-1 examined on behalf of the Insurance Company

wherein he has admitted that about four months prior, the

company has opened a branch at Vijayapur. It is not

disputed by the learned counsel appearing for the

Insurance Company that it is carrying on business at

Vijayapur, within the jurisdictional of the Tribunal.

6. It is well settled that a claim petition is

maintainable before a Claims Tribunal having jurisdiction

over the area in which the accident occurred, or 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.

Since it is not in dispute that there is a branch office of the

respondent/Insurance Company within the jurisdiction of

the Claims Tribunal, we deem it proper to set aside the

impugned order. Accordingly, the following:

ORDER

(i) The appeal is allowed.

NC: 2023:KHC-K:6870-DB MFA No. 201453 of 2019

(ii) The order dated 13.03.2019 passed by the MACT-XIII and IV Additional District Judge, Vijayapur in MVC No.1434/2015 is set aside.

(iii) The matter is remanded to the Claims Tribunal to proceed further in accordance with law.

(iv) The parties shall be permitted to lead evidence, if they so desire.

(v) The evidence already recorded shall be intact.

(vi) The parties are directed to appear before the Tribunal without further notice on 19.09.2023 and on further dates fixed by the Tribunal.

Sd/-

JUDGE

Sd/-

JUDGE

SWK