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2017 Supreme(Kar) 1615

S.SUJATHA
Roopsingh Mahadevappa Lamani Alias Jadhav – Appellant
Versus
Somappa Sangappa Handi – Respondent


Advocates Appeared:
For the Appellant :Sri. Siddappa Sajjan, Advocate
For the Respondents:Sri. S.K. Kayakamath, Advocate.

JUDGMENT :

S. SUJATHA, J.

1. These appeals are directed against the common judgment and order dated 5-11-2012 passed by the Member, MACT-IV (for short, 'Tribunal') Bagalkot, in MVC Nos.184, 185 and 186 of 2010 whereby the Tribunal returned the claim petitions filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') to the petitioners for presentation before the appropriate Tribunal.

2. Briefly stated the facts are, the claimants filed petitions before the Tribunal claiming compensation for the injuries sustained by them in the road traffic accident which occurred on 24-11-2009, while proceeding from Bilagi to their village Arakeri. The claimants alleged actionable negligence on the driver of the auto rickshaw cab bearing Reg.No.KA-29-A-674 for the cause of accident. The claim petitions were preferred before the MACT, Bagalkot contending that the claimants were residing at Bagalkot at the time of filing of the claim petitions. The accident occurred at Bilagi Taluk coming within the territorial jurisdiction of the Bagalkot Tribunal and the respondent No.2 carried business through his agent at Bagalkot. On service of summons, both the respondent Nos.1 and 2 appear












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