RATNAWWA W/O SIDDAPPA Vs. STATE

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.) DURING the pendency of claim petition, said Ratnawwa expired on 12.01.2002. Subsequently, applications were filed by legal heirs of Ratnawwa to come on record and to condone delay in filing L.R. application on 10.02.2006. Said applications came to be allowed by order dated 24.07.2006 with an observation that legal heirs of deceased Smt.Ratnawwa have to establish that deceased Smt.Ratnawwa died only due to injuries sustained in the accident.