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2005 Supreme(Kar) 698

P.VISHWANATHA SHETTY, H.G.RAMESH
JAYARATHNAMMA – Appellant
Versus
MUKTHIAR SINGH – Respondent


P. VISHWANATHA SHETTY, J.

( 1 ) THE appellants in this appeal are the widow and minor children of one Shanmukhappa. In this appeal, they have called in question the correctness of the judgment and award dated 19th september 1997, made in MVC No. 577/93 by the District Judge and Motor Accident Claims tribunal, Chitradurga (hereinafter referred to as "tribunal") awarding only a sum of Rs. 3,000/towards the death of said Shanmukhappa.

( 2 ) THE facts in brief:

The deceased Shanmukhappa while travelling in a lorry bearing Regn. No. DL-1g-3668 met with an accident on account of collision with lorry bearing Regn. No. DL-1g-4078. On account of his death, his wife and two minor children filed claim petition before the Tribunal seeking award of compensation of Rs. 3,20,000/ -. The Tribunal on consideration of evidence on record having found that the accident in question has taken place on account of rash and negligent driving of the lorry by its driver bearing Regn. No. DL-1g-4078, has awarded only a sum of Rs. 3,000/-towards medical expenses incurred on behalf of the deceased. However, the Tribunal rejected the claim of the claimants for award of compensation under the heads loss of depe
















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