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2018 Supreme(Kar) 160

B.A.PATIL
Naveen Kumar S/o Muniraju – Appellant
Versus
A. Mohammed Saleem S/o Abdul Rashid – Respondent


Advocates Appeared:
For the Appellant : Sri. Suresh M. Lathur.
For the Respondents: Sri. Ravi S. Samprathi, Sri. L. Sreekanta Rao.

JUDGMENT :

B.A. PATIL, J.

1. The present appeal has been preferred by the appellant-claimant assailing the judgment and award passed by the Court of Small Causes and MACT, Bengaluru, in MVC No. 699/2011 dated 22.8.2014, whereunder the Tribunal framed the preliminary issues and additional issue and by answering the additional issue in the negative held that the Tribunal has got no jurisdiction to entertain the petition and dismissed the petition.

2. For the purpose of convenience, the parties are referred to as they are referred to before the Tribunal.

3. It is the case of the petitioner that on 23.10.2010 at about 8.15 p.m. when the petitioner was travelling in an auto-rickshaw bearing Registration No. TN23-AW-0768 as a passenger from Shoolagiri to Pedda Sigaralapalli near Seenappa House at Mylapalli, a tempo bearing Registration No. TN29-AE-0145 came rashly and negligently and dashed to the said auto-rickshaw in which the petitioner was proceeding, as a result of the same, he sustained injuries and after taking the treatment he filed the claim petition for claiming the compensation under Section 166 of the Motor Vehicles Act before the Court of Small Causes and MACT, Bengaluru, for cl





















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