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2022 Supreme(Kar) 322

H. T. NARENDRA PRASAD
Puttamma – Appellant
Versus
Managing Director, BMTC Bangalore Central Office – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mahadeva Swamy P., Adv.
For the Respondents: F.S. Dabali, Adv.

JUDGMENT :

H.T. Narendra Prasad, J.

1. This appeal under Section 173(1) 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 19.03.2018 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-25) in MVC No. 4330/2017.

2. Facts giving rise to the filing of the appeal briefly stated are that on 27.06.2017 at about 8.45 a.m. when the deceased Giriyappa was proceeding by walk at 14th Cross, Peenya Industrial Area, Bangalore and he was crossing the road near post office from west to east, at that time, a BMTC bus bearing registration No. KA-57/F-0777 which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on 28.06.2017.

3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.

4. On service of summons, the respondent appeared through counsel and filed written statement in w

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