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1978 Supreme(Kar) 218

BHEMIAH, SABHAHIT
VINOBABAI – Appellant
Versus
K. S. R. T. C. – Respondent


SABHAHIT, J.

( 1 ) THIS is a claimant's appeal instituted against the Judgment and Award dated 30-9-1975 passed in M. V. C. No. 53/1974 on the file of the Claims Tribunal, offence.

( 2 ) THE claimants are the widow and children of Gurusangappa Karabantanal, a conductor under the K. S R. T. C. , drawing according to claimants Rs. 300 per month and he was aged about 34 years at the time of his death. It is the case of the claimants that on 7-7-1974 at about 1 p. m. , the deceased came by the road side of Kutakankeri cross on Guledagud-Badami road to halt a k. S. R. T. C. bus which was proceeding on the road, bearing No. MYF 4323. The driver of the bus who was driving the bus in a rash and negligent manner, knocked down Gurusangappa and ran over his head and killed him on the spot On these averments, the petitioners claimed compensation of Rs. 1,21,400 from respondents. Respondent-1 is the Deputy General Manager, K. S. R. T. C and respondent-2 is the driver. They contested the claim by their statement of objections. They contended that the deceased suddenly tried to cross the road when the express bus was going on the road and thus he was run over, and there was no fault on the part o













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