Disposed

Nandeesh Farms v. Shwetha K M

Karnataka HC5 Jun 2024CP/1/2024

Case brief

AI extract

What is this about?

This is a civil petition under Section 24 of CPC filed by the owner of a deceased driver to transfer a compensation claim to another court. The court held that non-residence of claimants is not a ground for transfer and disposed of the petition without allowing it. No substantive order was passed on the pending case.

What did the court decide?

Petition for transfer dismissed. No transfer order issued.

Nandeesh Farms Vs Shwetha K M — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:19258 CP No. 1 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD CIVIL PETITION NO. 1 OF 2024

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BETWEEN:

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NANDEESH FARMS REPRESENTED BY ITS PROPRIETOR M P DINESH PATEL S/O LATE M.P. PEETHAMBARAIAH AGED ABOUT 50 YEARS R/O VENKATAPURA B BEERANAHALLI POST SHIVAMOGGA TALUK - 577227

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…PETITIONER

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(BY SRI. P N HARISH.,ADVOCATE)

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AND:

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SHWETHA K M

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W/O TEJA

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Digitally signed by HEMALATHA A Location: High Court of Karnataka

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AGED ABOUT 39 YEARS

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DHANUSH T S/O TEJA AGED ABOUT 12 YEARS

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CHANDAN T S/O TEJA AGED ABOUT 10 YEARS R2 & R3 ARE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER SHWETHA K M

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GIRIJAMMA W/O VENKATESH

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NC: 2024:KHC:19258 CP No. 1 of 2024

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AGED ABOUT 48 YEARS R1 TO R4 ARE RESIDENTS OF SHIVARAM NAGAR OPPOSITE TO GOVERNMENT SCHOOL BHADRAVATHI TALUK SHIVAMOGGA DISTRICT- 577301.

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THE MANAGER LEGAL CLAIMS, MAGMA HDI GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR CENTRAL BUILDING CTS NO 4614, B/2B-1 VIDYANAGARA, HUBBALLI - 580021

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…RESPONDENTS

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(BY SRI.B.C.SHIVANNE GOWDA., ADVOCATE FOR R5)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO 1. TRANSFER THE CASE IN ECA NO. 36/2023 ON THE FILE OF HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR TO PRINCIPAL SENIOR CIVIL JUDGE, SHIVAMOGGA BY ALLOWING THIS PETITION WITH COSTS IN THE ENDS OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition under Section 24 of CPC is filed by the owner seeking for transfer of ECA No.36/2023 pending on the file of the Principal Senior Civil Judge and JMFC, Ranebennur to the Principal Senior Civil Judge, Shivamogga.

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NC: 2024:KHC:19258 CP No. 1 of 2024

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Brief facts of the case are that on 24.04.2023 at about 17-00 Hrs. the deceased was supplying the poultries feeds from Nadeesh Farms of the petitioner to other poultry farms as per the direction and instructions of the petitioner in TATA-207 Goods Vehicle bearing Registration No.KA-14-C-1145. When he came near Shivamogga-Sagar Road on Veeragaranabairanakoppa Village on Road side, lost control over the vehicle and toppled down on the said place. Due to impact, the deceased sustained fatal injuries to his head and succumbed to the injuries on the way to hospital.

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The claimants filed the claim petition seeking compensation under the provisions of Employee’s Compensation Act, 1923 in ECA No.36/2023 before the Principal Senior Civil Judge and JMFC, Ranebennur.

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The learned counsel for the petitioner has contended that claim petition in ECA No.36/2023 is pending on the file of the Principal Senior Civil Judge and JMFC,

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NC: 2024:KHC:19258 CP No. 1 of 2024

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Ranebennur. The claimants are not the residents of Ranebennur. Therefore, ECA No.36/2023 filed before the

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Court of Ranebennur is not maintainable.

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The contention of the petitioner that the claimants are not the residents of Ranebennur and the claim petition filed by them before the Court at Ranebennur is not maintainable, cannot be a ground for transfer of the present case. He can raise such an objection in ECA No.36/2023 before the Principal Senior Civil Judge and JMFC, Ranebennur.

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With that observation, the civil petition is disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 23

Nandeesh Farms v. Shwetha K M

Case brief

What is this about?

What did the court decide?

Nandeesh Farms v. Shwetha K M

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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