KEMPAMMA Vs. A.B. VEERABHADRAIAH

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment and award dated 21.7.2011 in MVC No. 930/2003 passed by the Additional Senior Civil Judge & CJM, Tumkur, rejecting the claim petition filed by the appellant has filed this appeal. The appellant filed the claim petition conj tending that she is the wife of one Ramamurthy alias Narasimhamurthy son of Chennalingaiah alias Chandrappa, who died in a road traffic accident occurred on 3.7.1999 at about 12 noon. She contended that the said Ramamurthy was working as cleaner in the bus bearing Regn. No. KA-06-A-9293. Since the driver of the said bus applied sudden brake, the said Ramamurthy was thrown out of the bus and sustained grievous injuries and he was shifted to Ramanagar Rotary Hospital, however he succumbed to the injury. He was getting salary of Rs. 4,000/- p.m. and bata of Rs. 50/- per day and sought for compensation of Rs. 6,00,000/-.

(2.) The 2nd respondent filed written statement denying the entire averments made in the claim petition and also denied the status that the claimant is the wife of deceased, Ramamurthy alias Narasimhamurthy.

(3.) On the basis of the said pleadings, the Court below framed necessary issues and held that the claimant has failed to prove that she is the wife of deceased, Ramamurthy alias Narasimhamurthy and rejected the claim petition by its judgment and award dated 12.9.2007. Being aggrieved by the judgment and award passed by the Court below, the claimant was before this Court in MFA No. 64/2008 contending that sufficient opportunity has not been given to produce necessary evidence to prove that the deceased, Ramamurthy alias Narasimhamurthy was the husband of the claimant. This Court by its judgment dated 16.3.2009 allowed the appeal and set aside the judgment and award passed by the Court below and remanded the matter to reconsider the same with liberty to the claimant to lead additional evidence and also produce necessary documents to prove that she is the wife of deceased, Ramamurthy alias Narasimhamurthy. After remand, the claimant examined herself and produced a marriage invitation card. Except that, no document has been produced to prove the fact that she is the married wife of Ramamurthy alias Narasimhamurthy. The Court below after considering the oral and documentary evidence held that the claimant has failed to prove that she is the wife of deceased, Ramamurthy alias Narasimhamurthy. No photograph of the marriage has been produced nor independent witness has been examined to prove that the claimant is the wife of Ramamurthy alias Narasimhamurthy. Accordingly, the Court below rejected the claim petition by its impugned judgment and award dated 21.7.2011. Being aggrieved by the same, once again the appellant has filed this appeal contending that the judgment and award passed by the Court below rejecting the claim petition is contrary to law. The Court below has not taken into consideration the evidence of the parties and the marriage invitation card produced by the appellant.