SHAMSHUNNISA AND ORS. Vs. S. GOPALAPPA AND ORS.

JUDGEMENT

(1.) Claimants in MVC. No. 230/2008 (old No. 223/2008) on the file of MACT, Chitradurga, have come up in this appeal challenging the judgment and award dated 23.3.2011 in dismissing their claim petition.

(2.) Brief facts leading to this appeal are as under:

(3.) In the proceedings before tribunal first claimant, who is widow of deceased Rahamathulla has adduced evidence as PW. 1, wherein she had reiterated the petition averments. In support of their case claimants have examined an eye -witness to the accident by name N. Mallikarjuna as PW. 2 and they also examined one Dr. R.T. Chandrashekar, as PW. 3, who treated injured Rahamathulla at Basaveshwara Hospital. On behalf of respondents, insurer adduced evidence through one of its officers, namely V. Somashekar as RW. 1. They also produced copy of the policy, which is at Ex. R1. The tribunal on the basis of pleadings, oral and documentary evidence available on record proceeded to dismiss the claim petition on the ground that death of Rahamathulla is not attributable to injuries suffered by him in the accident dated 22.11.2006. To arrive at such a conclusion, the tribunal heavily relied on Exs. P6 and P7, which are inquest report and post mortem report. The claimants having lost their claim petition filed seeking compensation, have come up in this appeal.