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1987 Supreme(Kar) 234

D.P.HIREMATH, M.N.VENKATACHALIAH
GENERAL MANAGER, K. S. R. T. C. – Appellant
Versus
YELLAPPA DHARMOJI KITTUR – Respondent


Advocates:
AJIT J.GUNAJAL, VISHWANATH S.SHETTAR

VENKATACHALAIAH, J.

( 1 ) THIS appeal is by the Karnataka State road Transport Corporation and is preferred against the Judgment and Award dt. 29-1-1985, made in M. V. C. No. 239 of 1983, on the file of the Motor Accidents Claims Tribunal No. Ill, Belgaum, granting to the parents of the deceased boy, aged 14 years, a compensation of rs. 29000/ -. The Tribunal, however, deducted therefrom the sum of Rs. 2000/- paid earlier, ex-gratia by the appellant.

( 2 ) THE boy, a student of 8th standard, died as a result of the injuries sustained in an accident that occurred on 30-12-1982 at Kanabargi. It is stated that the boy was about to board appellant's bus to return to his village nearby, after school. The case put-forward by the claimant, and accepted by the Tribunal, was that when the boy was about to board the bus, the bus made a sudden and unsignalled start, as a result of which the boy fell-down and sustained injuries to which he later succumbed. Ex. P-5, the post mortem report reveals a crush injury of the rib-cage and a rupture of the diaphram, which probabilise that he had been run over. The Tribunal did not accept the case of the appellant that the boy attempted to board a moving






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