MALKAMMA Vs. SUBHASHCHANDRA REDDY

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award passed by the Claims Tribunal, Gulbarga, passed on the 17th day of January, 1981, in Mis. MVC No. 21 of 1980 on his file, dismissing the petition on a preliminary issue, holding that the Tribunal has no jurisdiction to entertain the claim.

(2.) The claim petition, inter alia, avers thus:

(3.) It is further averred in the petition that as a result of the injuries, Basappa died and his legal heir, viz., the widow, Malkamma, claimed compensation before the Claims Tribunal, Gulbarga, for the death of her husband due to the actionable negligence of Mallareddy, who was the manager (person in control) of the vehicle in question. The other side raised a preliminary objection before the Tribunal that the claim was not maintainable before the Motor Accidents claims Tribunal. The Tribunal treated it as a preliminary issue, framing the issue thus: "Whether this Tribunal has competency and jurisdiction to try the case."