LAWS(KAR)-2023-1-452

CHALUVARAJ Vs. BASAVARAJ

Decided On January 10, 2023
Chaluvaraj Appellant
V/S
BASAVARAJ Respondents

JUDGEMENT

(1.) In this appeal the appellant has challenged the judgment dtd. 17/6/2014 passed in M.V.C.No. 115/2000 by the Senior Civil Judge and Addl.MACT-11, Bhadravathi ('the Tribunal' in short).

(2.) Briefly stated, the facts are that, the 1st appellant is the wife, 2nd to 4th appellants are the children of Cheluvaraj, the deceased. On 30/1/2000 at about 2.30 p.m., deceased was hit by a KSRTC bus bearing No.KA-17/F-26 at Mavinakere village causing him fracture of left femur. He was treated at Mc.Gann Hospital, Shivamogga. Deceased moved the Tribunal seeking compensation for the injuries. On 29/8/2005, deceased died. The appellants have moved the Tribunal for amendment of the petition, that there is nexus between the accident and death of the deceased.

(3.) The claim was opposed by the respondents that, there was no nexus between the accident to the death of the deceased and the appellants are not entitled to any compensation. The Tribunal recorded its findings that there was no nexus between the accident and to the death of the deceased and awarded Rs.10,000.00 towards medical expenses incurred by the appellants.