- 1 - HC-KAR NC: 2025:KHC-D:10007 WP No. 105893 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105893 OF 2024 (GM-AC) BETWEEN: SHRI SHIVAJI GANPATI SALUNKE @ BABER AGE: 60 YEARS, OCC. AGRICULTURE AND MILK VENDING (NOW NIL), R/O. JAMBAGI, TAL. ATHANI, DIST. BELAGAVI-591304. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SHRI DULLAPPA R. BANDI AGE: MAJOR, OCC. BUSINESS, R/O. KANNUR, TAL. AND DIST. VIJAYAPUR-586101. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., MARUTI GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO; I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 16.11.2013 PASSED BY THE V ADDL DISTRICT JUDGE, AND VI ADDL MACT BELAGAVI IN MVC NO 1843/2012 VIDE ANNEXURE-D. B. ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO MEET THE ENDS OF JUSTICE AND EQUITY. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10007 WP No. 105893 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent No.1 is dispensed with since respondent No.1, being the owner of the vehicle, has been placed ex-parte before the MACT. 2. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ of certiorari or any other Writ quashing the order dated 16.11.2013 passed by the Vth Addl District Judge, and VI Addl. MACT Belagavi in MVC No 1843/2012 vide Annexure- D. B. Issue any other writ or direction as this Hon’ble court deems fit to meet the ends of justice and equity. 3. The petition for compensation, which had been filed by the petitioner before the V Additional District Judge and VI Additional MACT, Belagavi in MVC No.1843 of 2012, was directed to be returned to be presented before the appropriate court on the ground - 3 - HC-KAR NC: 2025:KHC-D:10007 WP No. 105893 of 2024 that the accident had occurred in a jurisdiction otherwise than that of the territorial jurisdiction of that Court. 4. In view of the decision of the Coordinate Bench of this Court dated 25.06.2020 in W.P.No.104073 of 2017 and connected matters, it is being clear that a claim petition could be presented where the petitioner is residing, the order of the MACT is not proper and correct. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. A certiorari is issued, the order dated 16.11.2013 passed by the V Addl. District Judge and VI Addl. MACT, Belagavi, in MVC No.1843/2012, at Annexure-D is hereby quashed. - 4 - HC-KAR NC: 2025:KHC-D:10007 WP No. 105893 of 2024 iii. The matter is remitted to the V Addl. District Judge and VI Addl. MACT, Belagavi, for fresh consideration. iv. It is however made clear that the petitioner shall not be entitled to interest from 16.11.2013 till date. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 7