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1996 Supreme(Kar) 646

H.N.TILHARI
KASHMIR D. GUDINHO – Appellant
Versus
SURESH KULKARNI – Respondent


H. N. TILHARI, J.

( 1 ) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939, arises from the judgment and award dated June 19th, 1996, by the learned District Judge/motor Vehicles Claims tribunal, Karwar, in M. V. C. No. 344 of 1987, dismissing the claimants' claim petition for compensation.

( 2 ) THE facts of the case in brief are that on 27-2-1987, at about 8-45 p. m. , a motor vehicle accident did take place on National high Way No. 17 at Baitkol. The case of the claimants is that deceased, son of the claimants was travelling as pillion rider on a motor cycle driven by respondent 1, in the claim petition. When the motor cycle reached Baitkol, it skidded and both of them fell down. The deceased, that is Ignatius Gudinho, suffered serious head injuries resulting in his death on 24-3-1987, despite of best medical treatment. According to the claimants' case, the accident did take place due to the rash and negligent driving of respondent 1, coupled with the presence of some salt on the road which led to the skidding of the vehicle. The claimants claim that the deceased I. K. Gudinho was earning a sum of Rs. 1,250/- per month and had good prospects of promotion and incremen







































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