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2010 Supreme(Kar) 683

K.GOVINDARAJULU, K.SREEDHAR RAO
Gopal – Appellant
Versus
Shivasharanappa – Respondent


Advocates appeared:
For the Appellants:Babu H Metagouda, Advocate.
For the Respondents:R2 – Manvendra Reddy, Advocate.

Judgment :-

1. All the appeals pertain to claim for compensation in respect of the accident occurred on 1.12.1998 at 1.30 a.m. in the night near Lahoti crushing machine on the Shahbad-Gulbarga road. A lorry bearing registration No.KA-20/2766 was transporting load of Shahbad stones from Wadi to Bombay. The lorry met with an accident resulting in death of 9 persons, out of them four are minors. Besides 13 inmates are injured. The injured and deceased were taken to Govt. Hospital, Gulbarga. One Devaraj, who is an appellant in MFA No.1046/2004, had lodged a complaint before the police to the effect that himself and other 28 persons boarded the lorry at Wadi to go to Gulbarga. The dependants of the deceased and the injured have filed petitions seeking compensation. The Tribunal awarded compensation to the petitioners, but fastened the liability only on the owner. The claim against the insurer is rejected. The appeals are filed for seeking enhancement of compensation and the award against the insurer.

2. In the appeals relating to death cases the owner of the lorry is respondent No.2 and in the appeals relating to injury cases the owner is respondent No.1. The address of the owner of the





















































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