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2001 Supreme(Kar) 721

A.M.FAROOQ, D.V.SHYLENDRA KUMAR
N. A. GANGAMMA – Appellant
Versus
K. S. YAKUB – Respondent


Advocates:
G.BALAKRISHNA SHASTRI, H.G.RAMESH, K.T.GURUDEV PRASAD, P.K.Ponnappa

( 1 ) THIS appeal under Section 173 (1) of the Motor Vehicles Act. 1988 (hereinafter referred to as 'the Act' for short) is directed against the judgment and award dated 12-12-1994 passed in M. V. C. No. 83 of 1993 by the District Judge and Motor Accidents Claims Tribunal at Madikeri, kodagu.

( 2 ) THE claimants in the M. V. C. case are the appellants herein and are aggrieved by the said judgment and award whereby their claim for compensation as dependents of one Anand N. N. , who died in a motor accident, has been negatived by the Tribunal. The Tribunal was of the view that the claimants were not able to prove that the driver of the lorry bearing No. CNZ 5126 which was involved in the accident that took place on 2-1-1993 between the lorry and a motor cycle in which the deceased victim was a pillion rider and had suffered injuries at the time of the accident and died later, drove the lorry in question in a rash and negligent manner. The appellants, being aggrieved, are in appeal before this Court.

( 3 ) THE brief facts leading to the above appeal are that, as on 2-1-1993 one Ananda, who was the husband of the first appellant and father of appellants 2 and 3, was travelling as a pil

















































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