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2014 Supreme(Kar) 521

A.N.VENUGOPALA GOWDA
Anwar Mohammed – Appellant
Versus
K. Bava – Respondent


Advocates Appeared:
For the Petitioners:H. Pavana Chandra Shetty. Advocate.
For the Respondents:R1, Shobith N. Shetty, R3, F.S. Dabali, R4, A.N. Krishna Swamy, R5, Y.P. Venkatapathi, Advocates.

Judgment :

1. Petitioners are the claimants in MVC No.288/2011, on the file of the Motor Accidents Claims Tribunal, Udupi. The said petition was filed under S.166 of the Motor Vehicles Act, 1988 (for short 'the Act') against the respondent Nos.3 to 5, to award compensation on account of the untimely death of one Suhail Anwar, who sustained fatal injury in a road traffic accident, which occurred on 18.11.2010, involving vehicles bearing registration Nos.KA-20-MJ-786 and KA-01-FA-2157. Respondent Nos.1 and 2, grand parents of deceased Suhail Anwar, filed I.A.No.7, under Order I Rule 10(2) read with S.151 of the Code of Civil Procedure, to permit them to come on record as supplemental petitioners. I.A. having been allowed on 11.03.2014, this writ petition was filed to quash the said order.

2. Sri H.Pavana Chandra Shetty, learned advocate, submitted that the 1SL petitioner being the father and petitioner Nos.2 and 3 being the minor sister and minor brother respectively of the deceased, filed claim petition to award compensation and the applicants in I.A.No.7 being not Class-I legal heirs of the deceased, Tribunal has committed illegality in allowing I.A.No.7. Reliance was placed on the


























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