IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.3907 OF 2012 (MV) BETWEEN:
SMT. RENUKA D/O KAMALA @ BABI AGED ABOUT 33 YEARS R/O KALUVINABAGILU KARKUNJE VILLAGE NERALAKATTE, KUNDAPURA TALUK UDUPI DISTRICT – 576 201.
(BY SRI NAGARAJA HEGDE, ADVOCATE) AND:
1. SACHINDANANDA CHATRA S/O GOVINDA CHATRA AGED ABOUT 54 YEARS R/O DURGAMBA MOTORS N.H.12, KUNDAPUR UDUPI DISTRICT – 576 201.
... APPELLANT 2. THE NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE: PUSHPA BUILDING MAIN ROAD, KUNDAPURA – 576 201.
... RESPONDENTS (BY SRI K. SURYANARAYANA RAO, ADVOCATE FOR R2 R1 - SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2011 PASSED IN MVC NO.1067/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MACT, KUNDAPURA, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Claim petition filed by the appellant came to be dismissed on the ground of not establishing nexus between accident and death.
2. It has been discussed by the Tribunal that accident took place on 27.02.1998, whereas death was in the year 2002 and claim petition was filed on 07.09.2007 and it is found that cause of death has not been established by producing post mortem report and also examining the Doctor.
3. In the circumstances, I hold that the reasons assigned by the court below is just and proper and no ground is made out for interference.
Accordingly, the appeal is dismissed.
Sd/-
ACTING CHIEF JUSTICE ca