Karnataka High Court
Karnataka State Road Transport … vs Sri Basavararadhya S/O Late … on 1 August, 2008
. %2.%s;&. cimsdragngkatashya
_ T _ '_ years, S/{J 'Sri. Basavaradhya
* "S$of1iashekaradhya, 32 ymrs
Basavaradhya
1 L' L' .1 ' ~ Yishwakazirxa Colony
IN THE HIGH COURT OF KARNATAKA AT BAN(:,1a:,0RE
DATED THIS THE 13" DAY 09 AUGUsfI:2§OS %I L %
BEFORE: _
THE H()N'BLE MR. %
MI§§1;§1,LA__1;lEOUS F1123: mm} %
BETWEEN:
Karnalaka Slate Ruud V ..
Transport C0rpo1'm;iOx§"_««._ ;:~~- " ,,
Central Office, K. 9
Bangalore,
Manugir1gDit%;_c:1qI-- « . A?PELLANT
(By Shri. D. v;;a,gx..ma,;
M394
1. years
S/o--.I.ai;«¢« Sizafgznvukfazadya
VT Resident of
travelling in a bus, belonging to the appellanE;::'slieiii:ll1li§d
inside the bus, on account of the vehielebeing in T. it
negligent manner and on ueeeunt
sulfered, she was admitted at
complaint at a later point 'treatment, it
transpires that she had therefore
lodged 8. elaimevpetitien, tag ,'!.l.ile had died as
a result of lxeving accepted the claim,
has with interest. It is this
which is' tizider chelleiige l' I ' ' "J
A. CoiiiI'sel""tbr the appellant would submit that the
that there was an alleged accident involving a
the appellant and that the deceased Sarujammu
suiiteiiéied injury to her left leg and subsequently died is not
The appellant had contended before the Tribunal that
deceased was not at all travelling in that has on the alleged
A V "date and at the alleged time when the accident is said to have
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was a false claim is an indication that the Tribunal
the very cbjections that are sought [(1 be urged
been raised before the Tribunal. Therefcre, ;
interference insofar as the finding of
and the injuries sulfered by
further circumstance ihifl hait to the
injuries as a reseit efi deveiopcd is a
circumstanee tfhaitfis wound certificate. It
is _ sed as a chronic diabetic
was retlected "ievcund certificate. The further
d()cu§i:<.in_ts {minced ti, gtmw that the deceased had sustained
as "an impatient and her admission in Hospital else
A developments which were directly retatabte to
V .V the injuries suflered. The aliegetiun that there
it iwas--4_.ccliliusiun between the claimants, the appellant and the
' authorities is 3 wild and held allegation, which is whelly
without having been substantiated. It is on the mere
suspicion of the appetlant that such allegations ate made. The
5
was incumbent on the respondents In t:stabIis}2.':.%Vi.h'i:a;;V:A
circumstance which the rcsptyndanlsiifive' AV
quite possible that the awamx ;.,.d%di.g;as g%.a-§sm 0;-,.,a;,;¢,m»
other than the alleged sn_gm'es 5;; am pg:
of the respondents '~...nu£ crucial
circumstance and flu: in pmccoding
to auccpt the U!'§:Vii'i'}'i'::l:IJ3!.¢ 'i'..i€.3I:I {Ed 'a'.a§;vc said lacuna.
Aw;-.:;§gg;%y,L & The award of the
Tnbunaiss 3...»; 3553;} in deposit is to be refunded to
meamgfimt %V .A 4'
.....
Judgg