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1997 Supreme(Kar) 296

M.F.SALDANHA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
EREGOUDA – Respondent


M. F. SALDANHA, J.

( 1 ) I have heard the appellant learned advocate as also the respondents' learned advocate. The incident had taken place in the year 1985 and the Tribunal had awarded a compensation of Rs. 16,000/ -. The respondent who is an agriculturist is supposed to have been waiting at the bus stop along with another person when a truck approached that place and the cleaner of the truck shouted out to the waiting persons that anyone who desires to be taken in the truck should get in. According to the respondents who are the original claimants, they had visited Hassan and had made certain purchases and they were on their way to their village, and when the truck stopped they boarded the truck along with the material that they had purchased which in this case happens to be jaggery and coconuts. While proceeding, the truck was driven in such a manner that instead of travelling on the road it dashed against a tree and the two occupants who were agriculturists sustained injuries. The present order arises out of the claim petition filed by them. The present respondent had sustained one injury of some consequence namely fracture of the public bone apart from two other minor injuri








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