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2022 Supreme(Bom) 1638

RAJESH S. PATIL
Navnath s/o Shripati Bhawar – Appellant
Versus
Aditya s/o Vishnu Jayebhaye – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K. B. Jadhav, Advocate
For the Respondent:Mr. Swapnil A. Deshmukh, Advocate, Mr. S. R. Bodade, Advocate

JUDGMENT :

1. This appeal from order is filed by appellant – original claimant, who has filed Claim Petition for compensation under Section 166 of the Motor Vehicles Act, 1988, which arises out of the vehicular accident which took place on 04.02.2013 at Ambad, Dist. Jalna.

2. The appellant filed Motor Accident Claim Petition No. 300/2013 before the Motor Accident Claims Tribunal at Aurangbad (hereinafter referred to as “MACT, Aurangabad”). In the said claim petition, the appellant has shown his address as Aurangabad so also the office address of Respondent no. 3 as New Osmanpura, Aurangabad. The respondents no. 1 and 2 filed their written statement so also respondent no. 3 – Insurance Company filed it’s written statement on 21.01.2016. The appellant filed his evidence in the form of affidavit of evidence on 06.02.2017 and was accordingly cross-examined. Thereafter, the appellant examined one more witness who is an Orthopedic Surgeon at Aurangabad. The said witness was also cross-examined on 20.09.2017.

3. Respondent nos. 1 and 2 i.e. driver and owner of the vehicle raised objection as to the territorial jurisdiction of the Tribunal. The said Application was treated as Exh. 1. The said

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