ORIENTAL INSURANCE CO LTD Vs. PREMA

JUDGEMENT

(1.) The insurer-Oriental Insurance Company Limited being aggrieved by the judgment and award dated 26.04.2017 passed in MVC No.679/2015 by the II Additional Senior Civil Judge, Dharwad has filed this appeal.

(2.) It is the case of the claimants before the Tribunal that on 09.07.2015 at about 8.30.a.m. when the husband of the petitioner No.1 and father of the petitioner No.2 was proceeding by the side of the road, near Heggeri Ground, at Hubli the rider of the motorcycle No.KA-25/ET-1859 came in high speed and in a rash and negligent manner and dashed to the said Gangadhar, due to the said accident, the deceased sustained fatal injuries and he was brought to Chitguppi Hospital and later on he was shifted to KIMS Hospital, Hubli, where he died on 10.07.2015. The deceased was having good health and was the earning member in the family and his death has caused greater mental shock and agony to the petitioners and they lost their dependency. The deceased was earning Rs.20,000.00 p.m. The petitioner No.1 has lost her loving husband and petitioner No.2 has lost his loving father and therefore they claimed compensation of Rs.15,00,000.00 against the owner and insurer of the offending vehicle.

(3.) In pursuance of notice, respondents No.1 and 2 appeared before the Tribunal. Respondent No.1 filed written statement and denied the averments made in the claim petition. He has contended that the accident has taken place within the jurisdiction of Hubli South Traffic Police Station, which is beyond the jurisdiction of this Tribunal and therefore this Tribunal has no territorial jurisdiction to entertain the petition.