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2003 Supreme(Kar) 583

K.L.MANJUNATH
DIVISIONAL CONTROLLER, B. T. S. DIVISION, KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE – Appellant
Versus
VIDYA SHINDHE – Respondent


Advocates:
M.S.MANDANNA

K. L. MANJUNATH, J.

( 1 ) IN this appeal, an interesting question has arisen for consideration of the Court. On 27-11-1998 at about 12-30 noon respondent-claimant vidya Shindhe was proceeding with her father Vykuntharao as a pillion rider of scooter bearing No. KA-05-Y-3552 on Jayamahal Road. A bus bearing No. CAF-107 which was proceeding in the same direction in a rash and negligent manner dashed the scooter due to which Vidya shindhe who was pregnant sustained grievous injuries. Her father vykuntharao died on the spot. Claimant Vidya Shindhe was shifted to st. John's Medical College Hospital, Bangalore. On 1-12-1998 doctors conducted a surgery known as 'foetal distress' and that the claimant-respondent gave birth to a male child. The child was kept in ICU and died two days after the delivery. Therefore, the claimant presented claim petition claiming compensation on account of the death of her child. Appellant-Corporation contended that the claimant is not entitled to claim compensation as the accident has not occurred due to rash and negligent driving of the driver of the bus. Tribunal, relying upon the evidence of the claimant as well as Dr. Shailesh attached to St. John's medica









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