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1981 Supreme(Kar) 191

M.NAGAPPA, G.N.SABHAHIT
K. S. R. T. C. – Appellant
Versus
SUNDARI – Respondent


Advocates:
A.C.YADURAYA GOWDA, B.TILAK HEGDE

NAGAPPA, J.

( 1 ) THIS appeal by the K. S. R. T. C. is directed against the award dated 19th, december, 1980 passed by the Commissioner for workmen's Compensation kolar Dt. , Kolar, in Case No. F. C. 10 of 1980, awarding compensation of Rs. 24,000 to the widow of the deceased Shivalingam. The only question that was canvassed for consideration in this appeal is that the compensation awarded by the commissioner is excessive and is not in accordance with the provisions of the Workmen's Compensation Act 1923 (hereinafter called the 'act' ).

( 2 ) THE widow-claimant claimed compensation by filing an application before the Commissioner on 15. 10. 80 stating that she is the wife of late shivalingam, driver in KSRTC attached to Chintamani depot, who died on 8-4-76 near Sundarapalya in chintamani, in Chintamani to V. Kota route while driving the bus bearing No. MYF 6755 belonging to the respondents. She also stated that the monthly wages of the deceased was Rs. 400. The said petition was resisted by the respondent on the ground that the accident was due to his fash and negligent act. They stated that the deceased while performing duties on the Chintamani and v. Kota route and while negotiat




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