SIDDAWWA Vs. KARABASAPPA BASAWAN BAGEWADI

JUDGEMENT

(1.) THIS appeal is filed by the claimants being aggrieved by the dismissal of the claim petition filed by them in MVC.No.166/2006 by MACT, Muddebihal.

(2.) THE relevant facts of the case are that on 9.2.2006 at about 4.45.p.m the claimants mother was travelling in an auto rickshaw bearing No.KA-28.A/2740 on N.H.13, Alamatti to Nidagundi road when the same was driven in a rash and negligent manner by respondent No.1 and as a result he lost control over the vehicle and it turned turtle and due to the impact, Gangavva sustained grievous injuries and died on the way to the hospital. Contending that the deceased was doing milk vending business and that they were solely depending upon the earning of the deceased, they filed the claim petition seeking compensation on various heads.

(3.) IN support of their case claimant No.1 examined herself as PW.1 and got marked Ex.P1 to P6 while the respondents did not let in any evidence except getting insurance policy marked by consent as Ex.R.1. The Tribunal after determining the compensation, however, dismissed the claim petition on the ground that the claimants were not dependants and therefore were not entitled to any compensation. Being aggrieved by the said order of dismissal, the claimants have preferred this appeal.