Karnataka High Court
Balwanth S/O Tukaram Kasar And Ors vs Mr. Khajabhai S/O Ahmed Sab Hannure And ... on 8 November, 2024
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NC: 2024:KHC-K:8236
MFA No. 200154 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200154 OF 2020 (MV-D)
BETWEEN:
1. BALWANTH S/O TUKARAM KASAR,
AGE: 56 YEARS, OCC: COOLIE,
R/O AT POST: ACHLIER, TQ: LOHARA,
NOW AT NANDGAON VILLAGE,
TQ: HUMNABAD, DIST: BIDAR-584101.
2. SHANTABAI W/O BALWANTH KASAR,
AGE: 53 YEARS, OCC: HOUSEHOLD,
3. PADMASHRI D/O BALWANTH KASAR
AGE: 31 YEARS, OCC: HOUSEHOLD,
4. AJEET S/O BALWANTH KASAR,
Digitally signed by AGE: 29 YEARS, OCC: STUDENT,
RENUKA
Location: HIGH
COURT OF ALL ARE R/O AT POST: ACHILER,
KARNATAKA TQ: LOHARA, NOW AT NANDGAON VILLAGE,
TQ: HUMNABAD, DIST: BIDAR-584101.
...APPELLANTS
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
1. MR. KHAJABHAI
S/O AHMED SAB HANNURE,
AGE: 51 YEARS, OCC: BUSINESS,
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NC: 2024:KHC-K:8236
MFA No. 200154 of 2020
R/O AT POST: ALOOR, TQ: OMERGA,
DIST: OSMANABAD-584101.
2. THE DIVISIONAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
KALABURAGI-585101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO A)
CALL FOR THE RECORDS IN MVC NO.49/2013, ON THE FILE OF
THE SENIOR CIVIL JUDGE AND MACT, HUMNABAD. B) ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 26.04.2018 PASSED IN MVC NO.49/2013 BY THE
SENIOR CIVIL JUDGE AND MACT, HUMNABAD AND AWARD THE
COMPENSATION OF RS.15,00,000/- WITH 12% INTEREST.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2024:KHC-K:8236
MFA No. 200154 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
This appeal is by the claimants, who are questioning
the judgment rendered by the Tribunal in dismissing the
claim petition on the ground of territorial jurisdiction.
2. The issue involved in this case is squarely
covered by the law laid down by the Honorable Apex Court
in the case of Malati Sardar Vs. National Insurance
Company Limited and others1. The Tribunal in the case
on hand has proceeded to dismiss the claim petition for
want of territorial jurisdiction. While rejecting the claim
petition, the Tribunal was of the view that the accident has
occurred in Maharashtra State and the owner of the
offending vehicle is from Maharashtra State and the
claimants are residents of Maharashtra State. Referring to
these significant details, the claim petition is rejected.
2016 Kant M.A.C. 395 (SC-J)
NC: 2024:KHC-K:8236
3. The Apex Court in the judgment cited supra has
clearly held that objections in regard to lack of territorial
jurisdiction cannot be entertained in absence of any
prejudice to the insurance company. The Apex Court held
that there is no embargo or impediment for the claimant
to file a claim petition at a place where the insurer has its
business. In view of the law laid down by the Apex Court
in the judgment cited supra and having regard to the fact
that respondent No.2/Insurance company has its divisional
office at Kalburagi, the judgment and award in dismissing
the claim petition is liable to be set aside.
4. For the reasons stated supra, this Court passes
the following:
ORDER
(i) The Appeal is allowed.
(ii) The judgment and award dated 26.04.2018
passed in MVC No.49/2013 by the Senior
NC: 2024:KHC-K:8236
civil Judge and MACT, Humnabad is set
aside.
(iii) The matter is remitted back to the Tribunal.
(iv) All contentions are kept open.
(v) Registry to remit the papers forthwith.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
