- 1 - NC: 2025:KHC-D:3417 CP No. 100143 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100143 OF 2024 (-) BETWEEN: 1. SMT. JAYASHREE W/O. PARASHURAM LAKKUNDI, AGE: 33 YEARS, OCC. HOUSEHOLD WORK/BUSINESS, YALAKKI SHETTAR COLONY, DHARWAD TQ AND DIST. DHARWAD 580004. 2. KUMARI ADHYA D/O. PARASHURAM LAKKUNDI, AGE 11 YEARS, OCC. STUDENT, SINCE MINOR R/BY HER MOTHER SMT. JAYASHREE W/O. PARASHURAM LAKKUNDI, AGE. 33 YEARS, OCC. HOUSEHOLD WORK, R/O. FIRST FLOOR, H.NO.20/2156 YALAKKI SHETTAR COLONY, DHARWAD TQ AND DIST. DHARWAD – 580004. …PETITIONERS (BY SRI. A. R. PATIL, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER BHARATI AXA GENERAL INSURANCE COMPANY LIMITED R/O. VIJAYA BANK BUILDING, 1ST FLOOR, P.B.ROAD, NEAR CANARA HOTEL, HOSUR, HUBBALLI. 2. SMT. PRAMILA W/O. YALLAPPA LAKKUNDI, AGE: 58 YEARS, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3417 CP No. 100143 of 2024 OCC: HOUESHOLD WORK, R/O: NARASIMHARAJU LAKKUNDI, TEACHERS COLONY, NEAR BINKADAKATTI ZOO, ASUNDI ROAD, BINKADAKATTI, GADAG - 582103. 3. SRI. YALLAPPA S/O. HANUMANTAPPA LAKKUNDI, AGE: 65 YEARS, OCC. AGRICULTURE, R/O: NARASIMHARAJU LAKKUNDI, TEACHERS COLONY, NEAR BINKADAKATTI ZOO, ASUNDI ROAD, BINKADAKATTI, GADAG 582103. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) ------ THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS PETITION AND TO TRANSFER THE M.V.C. NO.84/2021 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL COURT, GADAG TO PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL COURT, DHARWAD FOR DISPOSAL IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:3417 CP No. 100143 of 2024 ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed by the petitioner seeking transfer of MVC No.84/2021 pending consideration before the Principal Senior Civil Judge and CJM and MACT, Gadag (for short “the Tribunal”) to the competent Tribunal at Dharwad. 3. It is the case of the petitioner that the husband of the petitioner viz., Parashuram Lakkundi died in a motor vehicle accident occurred on 19.11.2019 and accordingly, the petitioners filed MVC No.84/2021 before the MACT, Gadag along with respondents No.2 and 3 under Section 163-A of the Motor Vehicles Act, 1988 seeking compensation. 4. Having taken note of the submissions made by the learned counsel appearing for the parties, as the proceedings before the Tribunal is of the year 2021 and also taking into consideration that the distance between Gadag and Dharwad is not far and also taking into acount the age of respondents No.2 and 3 herein is concerned, I find no reasons to transfer the said matter. Accordingly, the petition is dismissed. - 4 - NC: 2025:KHC-D:3417 CP No. 100143 of 2024 5. The amount in deposit, if any, is ordered to be transmit to the concerned Tribunal at Gadag forthwith. 6. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 2 Sl No.: 6