Mamatha K B vs The Manager on 26 July, 2012

[Cites 1, Cited by 0]

Karnataka High Court

Mamatha K B vs The Manager on 26 July, 2012

Bench: Huluvadi G Ramesh

                                                                 1


       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

                  Dated this the 26th day of July, 2012

                                   Before

       THE HON'BLE MR JUSTICE HULUVADI G RAMESH

           Miscellaneous First Appeal 11339 / 2011        (MV)
Between:
1      Mamatha K B, 29 yrs
       W/o late Puttaswamy Gowda

2      Chitra G P, 11 yrs
       D/o late Puttaswamy Gowda

3      Rakshitha G P, 8 yrs
       D/o late Puttaswamy Gowda

4      Honnajama, 60 yrs
       W/o late Marigwoda

       2-3 are minors and reptd. By 1st appellant
       All are r/o # 219, Ward # 13, Gunahalli
       Extn., Channarayapatna Town, Hassan          Appellants

(By Sri Girish S Baladare, Adv.)

And:

1      Manager
       United India Insurance Co
       Cresent Court Above, Bank of India
       K M Road,Chikkamagalur
                                                                         2

2     H M Jaffar - dead by LR
      Jowher Azad S/o late H M Jaffar
      50 yrs, R/o Aldur Village
      Chikkamagalur                                 Respondents

(By Smt Harini Shivananda, Adv. For R1)


      First Appeal is filed under S.173(1) of the Motor Vehicles Act
praying to set aside the award dated 3.9.2011 in MVC 1945/2007 by the
MACT II, Hassan.

      First Appeal coming on for Admission this day, Court delivered the
following:
                              JUDGMENT

Appeal is by the claimants challenging the order of dismissal passed by the Addl. MACT, Hassan in MVC 1945/2007 on 3.9.2011. The claim petition has been dismissed on the ground, claimants have not established the nexus between the accident and the death.

Heard the counsel representing the parties According to the claimants, due to the accident on 17.1.2007, deceased had sustained head injury and was admitted to the ICU at Abhay 3 Hospital, Bangalore and was inpatient there for one month. He was the sole earning member in the family. Without considering this aspect, Tribunal has dismissed the claim on the ground that claimants failed to prove the death of the deceased due to the accident.

The impugned order passed by the Tribunal is set aside. Matter is remitted to the Tribunal for leading additional evidence and for disposal of the case, according to law. All contentions are left open to be urged.

Appeal is disposed of.

Sd/-

Judge An

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