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2019 Supreme(Kar) 1726

B.V.NAGARATHNA, K.NATARAJAN
Narayana Rao S/o. Late Manojirao – Appellant
Versus
Nagaraj S/o. Subbanna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI M.G. KANTHARAJAPPA, ADVOCATE
For the Respondent:SRI A.M. VENKATESH, ADVOCATE

JUDGMENT :

Though this appeal is listed for hearing on interlocutory application, with consent of learned counsel on both side, it is heard finally.

2. Appellants are the claimants in M.V.C. No.6844 of 2012. Said claim petition has been dismissed by judgment and award dated 17-10-2013 by the Motor Accident Claims Tribunal, Court of Small Causes at Bengaluru. Hence, being aggrieved by the dismissal of claim petition, claimants have preferred this appeal.

3. For the sake of convenience, parties herein shall be referred to in terms of their status before the Tribunal.

4. Appellants-claimants filed claim petition under Section 163A of the Motor Vehicles Act, 1988, (hereinafter referred to as ‘Act’ for the sake of brevity) seeking compensation on account of death of their son Lokesh Rao in a road traffic accident. According to the appellants, on 15-7-2012 at about 9:30 a.m., Lokesh Rao was proceeding in a car, bearing Registration No.KA01 M911, on Madanpalli main road near M.R.K. Jelly Factory. Suddenly, a Tata-Sumo vehicle, bearing Registration No.KA50/3309, dashed against front portion of the car, which was being driven by Lokesh Rao. As a result of impact, Lokesh Rao sustained grievous i

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