SMT. ANITA AND OTHERS Vs. RAVINDRANATH AND ANOTHER

JUDGEMENT

(1.) The claimants in MVC No. 10/2013 on the file of MACT-XII, Vijaypur, have come up in this appeal seeking enhancement of compensation awarded for the death of Vijay Pandhre.

(2.) The accident involving motorcycle on which Vijay Pandhre was travelling is said to have caused by Swift Car bearing registration No. MH-12/HV-8064. Admittedly, accident has taken place in Khatpal Village, situated on Mohood to Karad Road. The complaint was also registered with Sangola Police Station situated in Solapur District, Maharashtra State. There is nothing on record to demonstrate that the deceased-Vijay Pandhre was resident of Vijaypur and there is nothing on record to show that claimant Nos.2 to 5 are residing and pursuing their education within the limits of Vijaypur. On the contrary, the petition would itself show that they are residents of Penur Village, Viohol Taluk of Solapur District.

(3.) Admittedly, this claim petition was filed in Karnataka State with sole intention of avoiding Court fee payable on the claim petition which is calculated on ad valorem basis in Maharashtra State, as against nominal fixed Court fee levied in Karnataka State which is on lower side. Further, for the reason that the Courts in Karnataka State are liberal in considering award of compensation. Therefore, there is migration of claim petitions into the State of Karnataka and burdening the Courts in this State. The instant proceeding is in no way different from the said bunch of petitions.