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2013 Supreme(Kar) 752

ARAVIND KUMAR
Ratnawwa – Appellant
Versus
Basavaraj Basalingappa Bambargi @ Babargi – Respondent


Advocates Appeared:
For the Appellants:Sanjay S. Katageri, Advocate.
For the Respondents:R2, Dinesh M Kulkarni, R3, S.C. Jainar, Advocates, R-1 served.

Judgment :

1. This is claimants appeal calling in question the correctness and legality of judgment and award passed by Prl. Civil Judge (Sr.Dn) and MACT, Gokak in MVC No.2385/2001 dated 06.08.2008 whereunder claim petition has been dismissed on the ground that there is no nexus between injuries sustained in the accident and death of claimant.

2. Heard Sri Sanjay S Katageri, learned Advocate appearing on behalf of appellants and Sri Dinesh M Kulkarni, learned Advocate appearing on behalf of respondent No.2 and Sri S.C.Jainer, learned Advocate appearing on behalf of respondent No.3. Respondent No.1 is served and unrepresented. Perused the impugned award and also records secured from Tribunal.

3. One Smt.Ratnawwa filed a claim petition under Section 166 of Indian Motor Vehicles Act, 1988 seeking compensation alleging that in a road traffic accident that occurred on 04.11.2001 at about 9.30 a.m. while she was proceeding from her house towards the house of her relative at Konnur Dupadhal road, Konnur village, driver of Jeep bearing No.KA.23/M-2088 driving his vehicle in a rash and negligent manner from opposite direction had dashed against her and caused the accident due to which, she sus





































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