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2023 Supreme(Kar) 1084

M. I. ARUN
Mahadevamma – Appellant
Versus
Mahamed Ashique T. – Respondent


Advocates appeared:
Manjula N.Tejaswi, Advocate, K.M.Sanath Kumara, Advocate

JUDGMENT

1. Aggrieved by the judgment and award dtd. 30/8/2017 passed in MVC No.397/2015 by the Court of the Senior Civil Judge and JMFC, Kollegal (for short 'the Tribunal'), the petitioners therein have preferred this appeal.

2. For the sake of convenience, the parties are referred to herein as per their status before the Tribunal.

3. The deceased - Rangegowda was waiting for a bus near Mahalakshmi Flower stall, Yelandur on 7/10/2015 at about 6.00 p.m. Unfortunately, at that time, a lorry bearing registration No.KA-01-D-4534 driven in a rash and negligent manner came and dashed against him, because of which, he expired. The said lorry was duly insured with respondent No.2 Insurance Company.

4. The petitioners claiming to be nieces of the deceased preferred MVC No.397/2015. The Tribunal accepted the contention that the deceased was a Bachelor and the petitioners were his only legal representatives. However, based on the evidence, it came to the conclusion that the petitioners failed to establish that they were dependants of the deceased and also failed to show that they were brought up by the deceased or residing with him. For that reason, the Tribunal has not awarded any compensati

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