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2019 Supreme(Kar) 629

P.G.M.PATIL
Kanchan – Appellant
Versus
Managing Director, N. W. K. R. T. C. , Hubli Through Its Divisional Controller – Respondent


Advocates Appeared:
For the Appellant : Deepak S. Kulkarni, Adv.
For the Respondent: C.B. Patil, Adv.

JUDGMENT :

P.G.M. Patil, J.

The claimants being dissatisfied with the judgment and award dated 27.10.2012, passed in MVC No.1036/2012, by the Fast Tract Court II and Addl. MACT, Belgaum, have filed this appeal.

2. It is the case of the claimants before the tribunal that, on 31.3.2012, at about 12.15 hours, the deceased Mohan Annappa Bhaivare was proceeding by walk on the left side of Belgaum-Bagalkot road. Near the Air Force Mess bus stop, a KSRTC bus bearing registration No.KA-25/F-2311 came from Sambra side, proceeding towards Belgaum, which was driven by its driver in a rash and negligent manner dashed to the deceased. Due to the heavy impact, the deceased sustained grievous injuries on the vital parts of the body and died on the spot. The deceased was hale and healthy and aged about 64 years. At the time of accident, he was retired from the Air Force Department and was drawing pension of Rs.11,000/- per month, out of which he was maintaining the family members. Therefore, the claimants being the legal representative of the deceased claimed compensation against NWKSRTC (hereinafter referred to as 'Corporation' for short).

3. In pursuance of the notices, respondent appeared before th

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