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BENCH AT KALBURAGI
MANGALA AND ORS – Appellant
Versus
NARENDRASING HOTHI AND ORS – Respondent


This appeal is filed by the claimants under Section

173(1) of M.V.Act, challenging the judgment and award

dated 20.02.2019 passed in MVC No.2200/2014 by the

MACT-IV, at Vijayapur (for short 'the Tribunal').

Brief facts of the case are as under:

That, on 15.08.2014 at about 18:30 hours, on

Faltan-Pandharpur road, near Market Yard Natepute, the

driver of TATA Truck bearing Reg.No.MH-06/AQ-6796

drove the said vehicle in rash and negligent manner and

dashed to the ongoing bike bearing Reg.No.MH-15/R-2235

and caused the accident. Due to the said accident, one

Sambaji Kadam sustained injuries as he was proceeding as

pillion rider and on the way to hospital, he succumbed to

the injuries. Hence, the legal heirs of said Sambaji

Kadam filed claim petition before the Tribunal for grant of

compensation under Section 166 of M.V.Act.

- 4 -

The said petition was resisted by respondent

Nos.2 i.e. insurance company before the Tribunal on the

ground that the Tribunal has no territorial jurisdiction to

decide the matter since the second respondent i.e., the

insurance company office is not situated within the

jurisdiction of the Tribunal. Further, the accident took

place in Maharashtra Stat

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