RANGAIAH Vs. NOORI KHAN

JUDGEMENT

(1.) The captioned appeal is filed by the claimants being aggrieved by the dismissal of the claim petition by the judgment and award dated 13.07.2015 passed in MVC.No.751/2012 by the Senior Civil Judge and Motor Accident Claims Tribunal, Holenarasipur.

(2.) The facts leading to the case are as under:

(3.) Learned counsel appearing for the appellants/claimants would vehemently argue and contend before this Court that the death of Puttamma is on account of rash and negligent driving by the driver of the offending lorry is not in dispute and as such, he would submit to this court that the Tribunal grossly erred in dismissing the claim petition. He would also submit to this Court that the appellant No.2 had filed an application requesting the Tribunal to permit the appellants to examine witnesses and had also sought for witness summons to the hospital authorities to produce the documents relating to the subject matter of the case and in this background, he would submit to this Court that the Tribunal erred in rejecting the application and consequently, the claim petition. On these set of grounds, learned counsel for the appellants would vehemently contend that the judgment and award of the Tribunal suffers from serious infirmities and the dismissal of the claim petition resulted in miscarriage of justice and hence, he would submit to this Court that the same needs interference by this Court.