IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.7249/2014 (MV) BETWEEN:
SMT.AKKAYAMMA W/o SRI ASHWATHAIAH AGE:52 YEARS, OCC:AGRICULTURE & TAILORING PRESENT STAYING C/o MUNITHAYAMMA No.19/2, MEESEPILLAPPA COMPOUND SUBBAIAHNA PALYA BANASAVADI MAIN ROAD BENGALURU – 33.
PERMANENT STAYING:
R/AT GANTIGANAHALLI POST & VILLAGE TOOBGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT.
(BY SRI SURESH M LATUR, ADVOCATE) AND:
1. SRI JAYANNA S/o SRI ANJANAPPA GANTIGANAHALLI POST & VILLAGE TOOBGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT.
2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD, …APPELLANT DIVISIONAL OFFICE VIII, 3RD FLOOR, ABOVE FOOD WORLD BASAVANAGUDI, GANDHI BAZAR, BENGALURU – 560 004.
…RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2014 IN MVC NO.677/2009 PASSED BY X ADDITIONAL SMALL CAUSES JUDGE & MEMBER OF MACT AT BENGALURU MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL AND REMANDED BACK TO THE HON’BLE TRIBUNAL FOR DISPOSAL OF CLAIM PETITION IN THE INTEREST OF JUCTICE & EQUITY.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is preferred against the Judgment and Award dated 15.04.2014 in MVC No.677/2009 passed by X Additional Small Causes Judge and MACT, Bengaluru.
2. Office has raised objection regarding maintainability of the appeal.
3. It appears that the objection to the filing of the claim petition before the Tribunal was raised by means of application, when the matter came to be heard on I.A. that was filed by respondent No.2 therein on the ground of jurisdiction.
4. The learned Member of the Tribunal decided the matter on the point of jurisdiction holding that Section 166(2) of the Motor Vehicles Act is not applicable. Motor Vehicles Act, 1988 being a social legislation at the time when it came to force, and its concern towards the society in general and accident victim in particular has been responding to the change of circumstances and keep healthy changes in the social needs and in the circumstances the appellants are entitled to the benefits of the amendment regarding territorial jurisdiction.
5. The address of the claimant-petitioner is as under: Smt.Akkayamma W/o Sri.Ashwathaiah Age: 52 years, Occ: Agriculture & Tailoring Present staying C/o Munithayamma No.19/2, Meesepillappa Compound Subbaiahna Palya Banasavadi Main Road, Bengaluru-33 Permanent Staying:
r/at Gantiganahalli Post & Village, Toobgere Hobli, Doddaballapura Taluk Bangalore Rural District.
6. The learned counsel for appellant submits the address of claimant-petitioner and respondents in the cause title of the appeal memo is as reflected in the cause tile of the claim petition before the Tribunal.
7. In the light of the petitioner address being within Bengaluru, the order passed ignoring the ambit of jurisdiction is not sustainable. Matter requires to be tried on other matters that may be the bone of contention.
8. Accordingly, the order dated 15.04.2014 in MVC No.677/2009 passed on I.A. by the X Additional Small Causes Judge, MACT, Bengaluru is set aside. Appeal stands disposed of.
Sd/- JUDGE SBN