Vinod Madhukar Dhale v. Naresh Pralhad Dhengale And Another

44-fa-1935-2013.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1935 OF 2013 Vinod Madhukar Dhale ... Appellant

Versus

Naresh Pralhad Dhengale and another ... Respondents ....

Mr. P. S. Agrawal, Advocate for appellant Mr. R. F. Totla, Advocate for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021 PER COURT :- .

Heard.

2.

The Tribunal dismissed the claim petition for want of territorial jurisdiction. The claimant had filed affidavit along with claim petition indicating his residence within the territorial limits of the Motor Accident Claims Tribunal, Parbhani. The Tribunal, therefore, ought to have relied on such affidavit and decided the claim petition on merits.

3.

In view of the same, the judgment and order impugned in this appeal is hereby set aside, remanding the matter back to the Tribunal to decide the same on merits without adverting to the issue of territorial jurisdiction.

[ R. G. AVACHAT, J. ] SMS