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2020 Supreme(Kar) 1890

ALOK ARADHE, RAVI V.HOSMANI
Roopa W/o Late Durgappa – Appellant
Versus
H. Prasanna S/o Hanumanthappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.M.B.Ryakha, Adv.
For the Respondent: Sri.S.V.Hegde Mulkhand Adv.

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimants being aggrieved by the judgment dated 28.01.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as ‘the tribunal’ for short), by which their claim for compensation has been dismissed.

2. Facts giving rise to the filing of the appeal briefly stated are that as per the version of the claimants, on 20.06.2011 at 2.00 p.m. husband of the claimant No.1 Durgappa was waiting near bus stop of Joldal village for the bus. At that time, one Prasanna Kumar who was riding the bike came and picked up husband of claimant No.1. It was further averred that the aforesaid Prasanna Kumar drove the bike in a rash and negligent manner and dashed one Ashok who was walking on the road. On account of the aforesaid accident, the husband of claimant No.1 who was traveling as pillion rider fell down and sustained injuries. He was immediately shifted to the hospital. The police authorities registered the case against the bike rider on the complaint of claimant No.6 for the offences under Section 279, 337 read with Section 304(A) of In

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