Karnataka High Court
V Radha D/O V Gangadri vs The Divisional Manager on 29 May, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29TH DAY OF MAY 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.No.56/2011 (MV)
BETWEEN:
V RADHA
D/O V GANGADRI
AGED 17 YEARS
NO.152, 32ND CROSS TILAKNAGAR
BENGALURU 11
SINCE MINOR REP. BY HER FATHER
V GANGADRI S/O RANGAPPA. ... APPELLANT
(BY SRI GIRIMALLAIAH, ADV.)
AND :
THE DIVISIONAL MANAGER
APSRTC
ANANTHAPURA DIVISION
ANDHRA PRADESH STATE. ... RESPONDENT
(BY SRI D VIJAYAKUMAR, ADV.)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:20.1.2010 PASSED IN
MVC NO.3844/2007 ON THE FILE OF XIX ADDITIONAL SCJ &
MACT, BANGALORE, DISMISSING THE CLAIM PETITION FOR
COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
2
JUDGMENT
The tribunal having held, it has no territorial jurisdiction to try the petition should not have dismissed the claim petition. The findings recorded by the tribunal to dismiss the claim petition are without jurisdiction.
2. The tribunal instead returning the claim petition for re-presentation before the jurisdictional tribunal has dismissed the claim petition. Therefore, the order of dismissal of claim petition cannot be sustained.
3. In the result, I pass the following:
ORDER The appeal is accepted. The impugned award is set aside. The tribunal is directed to return the claim petition for re-presentation before the jurisdictional tribunal.
Sd/-
JUDGE Np/-