IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.5581/2013 (MV) BETWEEN :
RAMAPPA S/O LATE BODAPPA AGED ABOUT 51 YEARS PRESENTLY R/AT No.82, NEELAKANTAPPA NILAYA DEVASANDRA, K.R.PURAM, BANGALORE-78 PERMANENTLY R/AT HOUSE No.1/P27/1 T.N.KUPPAM, PALAMANER CHITTOR DISTRICT ANDRA PRADESH-581420 (BY SRI HALESHA R.G., ADV.) AND :
THE VICE CHAIRMAN AND MANAGING DIRECTOR A.P.S.R.T.C. BUS BHAVAN, MUSHEERABAD, HYDERABAD ANDRA PRADESH-581416.
(BY SRI D.VIJAYAKUMAR, ADV.) ...APPELLANT …RESPONDENT THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2013 PASSED IN MVC No.5116/2012 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE, DISMISSING THE PETITION ON THE GROUND THAT THIS TRIBUNAL HAS NO TERRITORIAL JURISDICTION TO TRY THIS PETITION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant is in appeal before this Court under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 16.03.2013 in M.V.C.No.5116/2012 on the file of the IX Additional Senior Civil Judge, Small Causes Court and MACT-7, Bangalore.
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for the injuries suffered in a road traffic accident. The said claim petition has been dismissed on the ground that the Tribunal has no territorial jurisdiction to try the claim petition.
3. It is stated in the claim petition that when the claimant was proceeding as a passenger in APSRTC Bus bearing Reg.No.AP-28-Z-5060 belonging to respondent, near Devadoddi on Palamaner- Kuppam road, the driver of the said bus by driving the same in a rash and negligent manner lost control over the said vehicle and dashed against road side burial ground stones, due to which the claimant suffered grievous injuries.
4. On service of notice, respondent appeared before the Tribunal and filed its written statement specifically contending that the Tribunal has no jurisdiction to try the claim petition, as the respondent-Corporation is situated in Andhra Pradesh State and the accident had occurred in Andhra Pradesh. Moreover, the claimant is permanent resident of Chittor District. The respondent also contended that the accident had occurred solely due to the fault of the driver of the APSRTC bus. The driver was not having valid driving licence to drive the said bus.
5. On the basis of the pleadings, the Tribunal framed the following additional issue with regard to the jurisdiction:
Additional Issue 1. Whether this tribunal has no territorial jurisdiction to try this petition.?
The Tribunal answered the said additional issue in the affirmative and dismissed the claim petition.
6. Admittedly, the accident had taken place near Devadoddi on Palmaner – Kuppam Road, Chittoor District, Andhra Pradesh, involving a APSRTC Bus bearing Reg.No.AP-28-Z-5060 belonging to respondent. The head office of respondent – Corporation is situated at Andhra Pradesh state. The claimant also stated that he is a permanent resident of Bayyanna Kuppam, Palamner Taluk, Chittoor District, Andhra Pradesh. The claimant has not placed any material on record to show that the cause of action had arisen within the jurisdiction of the MACT at Bangalore. No address proof of the claimant has been produced to show his temporary address at Bangalore. Therefore, the Tribunal rightly dismissed the claim petition on the ground that the Tribunal has no territorial jurisdiction to try the claim petition. No ground is made out by the claimant/appellant to interfere with the judgment and award passed by the Tribunal. Accordingly, the appeal stands dismissed.
It is open for the claimant/appellant to approach the appropriate forum in accordance with law.
Sd/- JUDGE DL