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.
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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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