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1965 Supreme(Kar) 107

A.R.SOMNATH AYYAR, D.M.CHANDRASHEKHAR
Seethamma – Appellant
Versus
Benedict DSa – Respondent


Advocates:
Advocate appeared:
Mr. U.L. Narayana Rao, for the Appellant
Mr. K. Vittal Rao, S.G. Sundaraswamy, M.R. Venkatanarasimhachar, for the Respondent

JUDGMENT

Somnath Iyer, J.—On September 6. 1963. at about 5-15 p.m. at a point on the Kulur Ferry Road in Mangalore opposite to the P.W.D Stores a young boy named Padmanabha who was riding a bicycle and proceeding from the South to the North met with his death in consequence of serious in furies to his skull P.W 3 the Resident Medical Officer. Government Wenlock Hospital. Mangalore. to whom Padmanabha was taken and on whose body P.W 3 conducted the post-mortem examination on September 6, 1963. observed during the post-mortem that Padmanabha's skull had been fractured on both sides and that his spleen and liver had both been lacerated. His opinion was that Padmanabha died as a result of the skull having been crushed.

2. On November 2, 1963. four persons claiming themselves to be the legal representatives of Padmanabha made a claim before the Motor Accidents Claims Tribunal, Mangalore constituted under Section 110 of the Motor Vehicles Act, for an award that they should be paid a sum of Rs. 5,000/- as compensation by the four respondents. It was slated in that application that Padmanabha met with his death in consequence of a collision on the high-way at the point to which I have referr






























































































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