MUKUND Vs. DIVISIONAL CONTROLLER, MSRTC

JUDGEMENT

(1.) The claimants being aggrieved by the common judgment and award dated 18.2.2016, passed in MVC Nos.1955/13 and 1956/2013 by the VIII Addl. District and Sessions Judge, Belgavi, have filed these appeals.

(2.) The claimants in both the cases filed the claim petitions under Sec. 166 of the Motor Vehicles Act, claiming compensation for the injuries sustained in the road accident which occurred on 18/7/2013 at about 3.00 p.m. on Miraj to Jaysingpur road within the village limits of Sangli due to rash and negligent driving of MSRTC bus bearing registration No.MH-14/BT-0327. Both the claimants have stated that at the relevant time, they were traveling on the motorcycle bearing registration No.MH-09/BQ-5880 and at that time the MSRTC bus was driven in a rash and negligent manner and dashed against the motorcycle which met with an accident and they sustained injuries. They got treated and spent huge amount for treatment and they are also suffering from permanent disability. Therefore, they filed claim petitions against the Divisional Controller, MSRTC Sangli, Maharashtra, claiming compensation. The claim petitions were filed before the MACT, Belgavi and the same were made over to VIII Addl. District and Sessions Judge, Belgavi for disposal according to law.

(3.) In pursuance of the notice, the respondent MSRTC appeared in both the cases through its counsel and filed a written statement. It is contended by the respondent that the accident was caused by the rash and negligent driving of the motorcycle by the petitioners and he has denied the age and earning capacity of the petitioners. The petitioners being residents of Jaysingpur, Maharashtra state and alleged accident has occurred within the limits of Miraj village, the Court has no territorial jurisdiction to try the petition. Hence, the same is liable to be dismissed. Further, he has denied that the petitioners are residents of Uchagaon village and Kakti village, Belgavi and that they have shown the said address to bring the case with in the jurisdiction of the Court.