RATNAWWA Vs. BASAVARAJ BASALINGAPPA

JUDGEMENT

(1.) This is claimants appeal calling in question the correctness and legality of judgment and award passed by Prl.Civil Judge (Sr.Dn) and MACT, Gokak in MVC No.2385/2001 dated 06.08.2008 whereunder claim petition has been dismissed on the ground that there is no nexus between injuries sustained in the accident and death of claimant.

(2.) Heard Sri Sanjay S Katageri, learned Advocate appearing on behalf of appellants and Sri Dinesh M Kulkarni, learned Advocate appearing on behalf of respondent No.2 and Sri S.C.Jainer, learned Advocate appearing on behalf of respondent No.3. Respondent No.1 is served and unrepresented. Perused the impugned award and also records secured from Tribunal.

(3.) One Smt.Ratnawwa filed a claim petition under Section 166 of Indian Motor Vehicles Act, 1988 seeking compensation alleging that in a road traffic accident that occurred on 04.11.2001 at about 9.30 a.m. while she was proceeding from her house towards the house of her relative at Konnur Dupadhal road, Konnur village, driver of Jeep bearing No.KA.23/M-2088 driving his vehicle in a rash and negligent manner from opposite direction had dashed against her and caused the accident due to which, she sustained grievous injuries. On account of the injuries sustained, she was shifted to KHI hospital, Ghataprabha for treatment and a complaint was lodged before jurisdictional police namely, Rural Police, Gokak which was registered as Crime No. 131/2001 under Sections 279 and 338 IPC and thereafter they had filed charge sheet against the driver and on these grounds, she filed claim petition in MVC No.2835/2001 and sought for compensation.